16 LC 36 3043S

H. B. 677 (SUB)- 1 -

The House Committee on Regulated Industries offers the following substitute

to HB 677:

A BILL TO BE ENTITLED

AN ACT

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government,1

so as to provide for casino gaming in this state at a limited number of licensed resort facilities2

in counties, municipalities, and consolidated governments that have approved by public3

referendum the establishment of such facilities; to provide for the comprehensive regulation4

of casino gaming activities; to provide for legislative findings; to provide for definitions; to5

provide for the creation, powers, and duties of the Georgia Casino Gaming Corporation; to6

provide for the establishment of the Georgia Gaming Commission; to provide for the7

membership, terms of office, filling of vacancies, qualifications, compensation, duties, and8

responsibilities of the members of such commission; to provide for the appointment and9

responsibilities of the Casino Gaming Advisory Board; to provide for commission staff and10

employees; to provide for funding, budgeting, and reporting by the commission; to provide11

for certain background investigations; to provide an oversight committee; to provide for12

certain licenses and permits; to provide for certain appeals and injunctions; to provide for13

local referendums on the approval of casino gaming at a limited number of licensed resort14

facilities in counties, municipalities, or consolidated governments; to provide for the15

collection of certain amount of gross gaming revenues by the commission generated at16

licensed resort facilities; to establish and provide for the distribution of funds to the Georgia17

Casino Gaming Education Fund, the Georgia Problem Gaming Assistance Fund, and the18

Georgia Licensed Resort Facility Host Fund; to provide for the appointment and duties of the19

Advisory Committee on Problem Gaming; to provide for audits of licensed resort facilities;20

to prohibit certain conduct and provide for penalties; to amend Title 13 of the Official Code21

of Georgia Annotated, relating to contracts, so as to change certain provisions relating to22

gambling contracts; to amend Title 16 of the Official Code of Georgia Annotated, relating23

to crimes and offenses, so as to change certain provisions relating to gambling and24

commercial gambling; to change certain provisions relating to keeping a gambling place; to25

change certain provisions relating to the possession, manufacture, or transfer of gambling26

devices or parts and possession of antique slot machines; to change certain provisions27

relating to solicitation of another to gamble with intent to defraud or deceive; to change28

16 LC 36 3043S

H. B. 677 (SUB)- 2 -

certain provisions relating to advertising commercial gambling; to change certain provisions29

relating to communicating gambling information; to change certain provisions relating to30

seizure and destruction of gambling devices; to change certain provisions relating to civil31

forfeiture; to change certain provisions relating to lawful promotional and giveaway contests;32

to change certain provisions relating to legislative intent relative to bingo; to change certain33

provisions relating to license required to operate certain bingo games; to change certain34

provisions relating to bingo licensing procedures, fees, and renewals; to change certain35

provisions relating to revocation of bingo licenses and access to premises by law36

enforcement agencies; to change certain provisions relating to restrictions as to ownership37

of premises utilized for bingo; to change certain provisions relating to annual report to be38

filed with the director of the Georgia Bureau of Investigation relative to bingo; to change39

certain provisions relating to rules and regulations relating to bingo; to provide for related40

matters; to provide for a contingent effective date and repeal under certain circumstances;41

to repeal conflicting laws; and for other purposes.42

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:43

PART I44

SECTION 1-1.45

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended46

by adding a new chapter to read as follows:47

"CHAPTER 3948

ARTICLE 149

50-39-1.50

It is found and declared by the General Assembly:51

(1) That net proceeds of casino gaming conducted pursuant to this chapter shall be used52

to support improvements and enhancements for educational purposes and programs and53

that such net proceeds shall be used to supplement, not supplant, existing resources for54

educational purposes and programs;55

(2) That casino gaming shall only be permitted at a limited number of licensed resort56

facilities in counties, cities, or consolidated governments that have approved by public57

referendum the establishment of such facilities;58

(3) That casino gaming at licensed resort facilities is an entrepreneurial enterprise and59

that the state shall create a public body, corporate and politic, known as the Georgia60

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H. B. 677 (SUB)- 3 -

Casino Gaming Corporation, with comprehensive and extensive powers as generally61

exercised by corporations engaged in entrepreneurial pursuits;62

(4) That casino gaming at licensed resort facilities shall be operated and managed in a63

manner which provides continuing entertainment to the public, promotes jobs, and64

provides economic development opportunities for the host communities and surrounding65

areas in this state;66

(5) That casino gaming and entrance to any place where such casino gaming is conducted67

is a privilege which may be granted or denied at the discretion of the Georgia Casino68

Gaming Corporation or its duly authorized representatives in order to effectuate the69

purposes set forth in this chapter; and70

(6) That the Georgia Casino Gaming Corporation shall be accountable to the General71

Assembly and to the public through a system of audits and reports.72

50-39-2.73

As used in this chapter, the term:74

(1) 'Advisory committee' means the Advisory Committee on Problem Gaming created75

by Code Section 50-39-62.76

(2) 'Applicant' means a person who applies for a casino gaming license required under77

this chapter.78

(3) 'Application' means a proposal for a casino gaming license submitted by an applicant.79

(4) 'Automated teller machine' or 'ATM' means an automated bank teller machine80

capable of dispensing cash to its user.81

(5) 'Baccarat commission' means a fee assessed by a licensee on cash paid out for a82

baccarat game as a loss to a patron to modify the odds of the game or a rate or fee83

charged by a licensee for the right to participate in a baccarat game.84

(6) 'Background investigation' means a security, criminal, and credit investigation of a85

person who applies for or who is awarded or issued a casino gaming license under this86

chapter.87

(7) 'Bona fide coin-operated amusement machine' shall have the same meaning as set88

forth in Code Section 50-27-70.89

(8) 'Cashless wagering system' means a method of wagering and accounting in which the90

validity and value of a wagering instrument or wagering credits are determined,91

monitored, and retained by a computer operated and maintained by a licensee which92

maintains a record of each transaction involving the wagering instrument or wagering93

credits, exclusive of the game or gaming device on which wagers are being made. Such94

term shall include computerized systems which facilitate electronic transfers of money95

directly to or from a gambling game or gaming device.96

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H. B. 677 (SUB)- 4 -

(9) 'Casino advisory board' means the Casino Gaming Advisory Board created pursuant97

to Code Section 50-39-5.98

(10) 'Casino gaming' means to deal, operate, carry on, conduct, maintain, or expose for99

play any gambling game, or to operate an inter-casino linked system.100

(11) 'Casino Gaming Education Account' means the separate financial account in the101

state treasury created by Code Section 50-39-60, which serves as the main repository of102

the proceeds generated by the licensing, regulation, and collection of gross gaming103

revenues of casino gaming in this state.104

(12) 'Casino gaming license' means a license awarded or issued under this chapter that105

authorizes a person to offer or provide legal casino gaming to the public at a destination106

resort.107

(13) 'Casino gaming licensing region' means either or both of the geographic regions,108

Licensing Region One or Licensing Region Two, where casino gaming licenses may be109

awarded or issued.110

(14) 'Casino Gaming Proceeds' means the budget category contained within the annual111

budget presented to the General Assembly by the Governor which matches the annual112

amount of proceeds expected to be collected and transferred for deposit into the Casino113

Gaming Education Account as provided in Code Section 50-39-60 during a given fiscal114

year.115

(15) 'Chief executive officer' means the chief executive officer of the Georgia Casino116

Gaming Corporation.117

(16) 'Commission' or 'Georgia Casino Gaming Commission' means the board of directors118

of the Georgia Casino Gaming Corporation.119

(17) 'Commissioner' means a member of the board of directors of the Georgia Casino120

Gaming Corporation.121

(18) 'Corporation' means the Georgia Casino Gaming Corporation.122

(19) 'Credit instrument' means a writing which evidences a gaming debt owed to a person123

that holds a casino gaming license at the time the debt is created and includes any writing124

taken in consolidation, redemption, or payment of a previous credit instrument.125

(20) 'Dependent' means a son, daughter, father, mother, brother, sister, or other126

individual, whether or not related by blood or marriage, if such individual receives from127

an officer or employee more than half of his or her financial support.128

(21) 'Destination resort' means a mixed-use land-based development consisting of a129

combination of various tourism amenities and facilities, including, but not limited to,130

hotels, villas, restaurants, convention facilities, attractions, entertainment facilities,131

service centers, and shopping centers.132

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H. B. 677 (SUB)- 5 -

(22) 'Gambling game' means any game played with cards, dice, equipment, or any133

mechanical, electromechanical, or electronic device or machine for money, property,134

checks, credit, or any representative of value, including, but not limited to, any table135

game, slot machine, or other game that is approved by the commission through its136

regulations, policies, or procedures.137

(23) 'Gaming employee' means any individual connected directly with the operation of138

casino gaming or an inter-casino linked system located at a licensed resort facility in this139

state, including, but not limited to, any:140

(A) Accounting or internal auditing personnel who is directly involved in any record141

keeping or the examination of records associated with revenue from casino gaming;142

(B) Boxperson;143

(C) Cashier;144

(D) Change personnel;145

(E) Counting room personnel;146

(F) Dealer;147

(G) Employee whose duties are directly involved with the manufacture, repair, sale,148

or distribution of any gaming device or cashless wagering system;149

(H) Employee of an operator of an inter-casino linked system, whose duties include the150

operational or supervisory control of any inter-casino linked system or the gambling151

games that are part of such system;152

(I) Employee who has access to the commission's system of records for the purpose of153

processing regulatory permitting applications under this chapter;154

(J) Floorperson;155

(K) Host or other person empowered to extend credit or complimentary service;156

(L) Keno runner;157

(M) Keno writer;158

(N) Machine mechanic;159

(O) Shift or pit boss;160

(P) Shill;161

(Q) Supervisor or manager;162

(R) Security or surveillance personnel;163

(S) Temporary or contract employee hired by a licensee to perform a function related164

to gaming; and165

(T) Employee of a licensee who has local access to hardware or provides management,166

support, security, or disaster recovery services for any hardware or software that is167

regulated pursuant to the provisions of this chapter and any regulations, policies, or168

procedures adopted by the commission.169

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H. B. 677 (SUB)- 6 -

(24) 'Gaming device' means any object used directly or remotely in connection with any170

casino gaming or gambling game which affects the result of a wager by determining a171

win or loss.172

(25) 'Gaming position' means one seat at a slot machine or table game.173

(26) 'Georgia Licensed Resort Facility Host Community Fund' means the fund created174

within the state general fund pursuant to Code Section 50-39-64.175

(27) 'Georgia Problem Gaming Assistance Fund' means the fund created within the state176

general fund pursuant to Code Section 50-39-63.177

(28) 'Good standing' means that a licensee possesses an active casino gaming license178

under this chapter and is in substantial or full compliance with the obligations of such179

license and the regulations, policies, and procedures of the commission governing180

licenses.181

(29)(A) 'Gross gaming revenue' means the total of all cash received by a licensed resort182

facility as winnings and all cash received in payment for credit extended by a licensed183

resort facility to a patron for the purpose of gaming, less the total of all cash paid out184

as losses to patrons, those amounts paid to fund periodic payments, and any other items185

made deductible as losses under subparagraph (C) of this paragraph. For the purposes186

of such term, the cash or the value of noncash prizes awarded to patrons in a contest or187

tournament are not losses, except that losses in a contest or tournament conducted in188

conjunction with an inter-casino linked system may be deducted to the extent of the189

compensation received for the right to participate in such contest or tournament.190

(B) The term 'gross gaming revenue' shall not include the following:191

(i) Counterfeit facsimiles of money, chips, tokens, wagering instruments, or wagering192

credits;193

(ii) Coins of other countries which are received in gaming devices;194

(iii) Any portion of the face value of any chip, token, or other representative of value195

won by a licensee from a patron for which the licensee can demonstrate that it or its196

affiliate has not received cash;197

(iv) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee198

is not reimbursed;199

(v) Cash received as entry fees for contests or tournaments in which patrons compete200

for prizes, except for a contest or tournament conducted in conjunction with an201

inter-casino linked system;202

(vi) Uncollected baccarat commissions;203

(vii) Cash provided by a licensee to a patron and subsequently won by the licensee,204

for which the licensee can demonstrate that it or its affiliate has not been reimbursed;205

or206

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H. B. 677 (SUB)- 7 -

(viii) Any promotional gaming credit for any slot machine or table game provided by207

a licensee to a patron and subsequently won by the licensee.208

(C) When calculating gross gaming revenue under this chapter, the following items209

may be deducted:210

(i) Any prizes, premiums, drawings, benefits, or tickets that are redeemable for211

money or merchandise or other promotional allowance, except money or tokens paid212

at face value directly to a patron as the result of a specific wager, shall not be213

deducted as losses from winnings at any gambling game except a slot machine;214

(ii) The amount of cash paid to fund periodic payments may be deducted as losses215

from winnings for any gambling game;216

(iii) With regard to slot machines, keno, and bingo, the actual cost to the licensee of217

any personal property distributed to a patron as the result of a specific legitimate218

wager may be deducted as a loss, but not travel expenses, food, refreshments, lodging,219

or services;220

(iv) With regard to bingo, a licensee who provides a patron with additional play at221

bingo as the result of an initial wager may deduct as losses from winnings all moneys222

or tokens paid directly to that patron as a result of such additional play; and223

(v) The pro rata share of a payout from a gambling game played in an inter-casino224

linked system except for a payout made in conjunction with a card game. The amount225

of the deduction shall be determined based upon the written agreement among the226

licensed gaming establishments participating in the inter-casino linked system and the227

operator of such system. All cash prizes and the value of noncash prizes awarded228

during a contest or tournament conducted in conjunction with an inter-casino linked229

system shall also be deductible on a pro rata basis to the extent of the compensation230

received for the right to participate in that contest or tournament. The deductions231

shall be taken only by those participating licensed gaming establishments that held an232

active gaming license at any time during the month in which the payout was awarded.233

(30) 'HOPE scholarship program' means the program for which funding is authorized by234

Article I, Section II, Paragraph VIII of the Constitution of Georgia.235

(31) 'Immediate family member' means a spouse or any other individual residing in the236

same household as an officer or employee, who is a dependent of such officer or237

employee, or of whom such officer or employee is a dependent.238

(32) 'Inter-casino linked system' means a network of electronically interfaced similar239

games which are located at two or more licensed gaming establishments, either inside or240

outside this state, which are linked to conduct gaming activities, contests, or tournaments.241

(33) 'License' means, unless the context otherwise requires, a casino gaming license242

required under this chapter.243

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H. B. 677 (SUB)- 8 -

(34) 'Licensed resort facility' means a destination resort for which a casino gaming244

license has been awarded or issued.245

(35) 'Licensee' means any person awarded or issued a casino gaming license for a246

destination resort under this chapter.247

(36) 'Licensing Region One' means an area encompassing the Counties of Cherokee,248

Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, and Rockdale and249

such independent municipalities located within the borders of those counties;250

(37) 'Licensing Region Two' means any area of this state outside of Licensing Region251

One.252

(38) 'Member' means, unless the context otherwise requires, any person designated a253

member of a nonstock corporation and any person who by means of a pecuniary or other254

interest in such corporation exercises the power of a member.255

(39) 'Operator of an inter-casino linked system' means a person who, under agreement256

whereby consideration is paid or payable for the right to place an inter-casino linked257

system, is engaged in the business of placing and operating an inter-casino linked system258

upon the premises of two or more licensed casino gaming establishments, either inside259

or outside this state, and who is authorized to share in the revenue from the gambling260

games that are a part of the inter-casino linked system without having been individually261

licensed to conduct casino gaming at the licensed resort facility in this state.262

(40) 'Oversight committee' means the Georgia Casino Gaming Corporation Legislative263

Oversight Committee created pursuant to Code Section 50-39-12.264

(41) 'Periodic payments' means a series of payments that are disbursed at least annually265

to remit payouts on winning wagers to a patron.266

(42) 'Permit' means a regulatory authorization issued in accordance with Part 2 of267

Article 2 of this chapter and any regulations, policies, and procedures promulgated by the268

commission in accordance therewith.269

(43) 'Person' means any individual, group of individuals, firm, company, corporation,270

partnership, business, trust, association, or other legal entity.271

(44) 'Primary casino gaming license' means an unencumbered casino gaming license272

awarded or issued to a licensee in Licensing Region One that places no limitation on the273

number of table games or slot machines that may be operated by the licensee at its274

licensed resort facility.275

(45) 'Primary jackpot meter' means the numerical display which shows the current276

amount of the primary jackpot.277

(46) 'Principal stockholder' means any individual who individually or in concert with an278

immediate family member beneficially owns or controls, directly or indirectly, 5 percent279

or more of the stock of any licensee or who in concert with any immediate family280

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H. B. 677 (SUB)- 9 -

member has the power to vote or cause the vote of 5 percent or more of any such stock.281

Such term shall not include a broker-dealer registered under the federal Securities282

Exchange Act of 1934, as amended, which holds in inventory shares for sale on the283

financial markets for a publicly traded corporation holding, directly or indirectly, a284

license from the commission.285

(47) 'Problem gaming' means persistent and recurrent maladaptive behavior relating to286

casino gaming that causes disruptions in any major area of life, including, without287

limitation, the psychological, social, or vocational areas of life.288

(48) 'Secondary casino gaming license' means a restricted casino gaming license awarded289

or issued to a licensee in Licensing Region One that limits the aggregate number of table290

games and slot machines that may be operated by the licensee at its licensed resort291

facility to 2,500 total gaming positions.292

(49) 'Slot machine' means any mechanical, electrical, or other device, contrivance, or293

machine which, upon insertion of a coin, token, or similar object, or upon payment of any294

consideration, is available to play or operate, the play or operation of which, whether by295

reason of the skill of the operator in playing a gambling game which is presented for play296

by the machine or application of the element of chance, or both, may deliver or entitle the297

individual playing or operating the machine to receive cash, premiums, merchandise,298

tokens, or any thing of value, whether the payoff is made automatically from the machine299

or in any other manner.300

(50) 'Stock' includes all classes of stock, partnership interest, membership interest, or301

similar ownership interest of an applicant or licensee and any debt or other obligation of302

such person or an affiliated person if the commission finds that the holder of such interest303

or stock derives therefrom such control of or voice in the operation of the applicant or304

licensee that he or she should be deemed an owner of stock.305

(51) 'Table game equipment' means equipment that is related to the operation of any306

table game and that is owned or leased by a licensed resort facility and located on the307

premises of the licensed resort facility.308

(52) 'Table game' means:309

(A) Any banking or percentage game, baccarat, beat the banker, big injun, big six310

wheel, bingo, blackjack, chemin de fer, Chinese chuck-a-luck (dai shu), chuck-a-luck,311

craps, fan-tan, faro, keno, klondike, minibaccarat, monte, pai gow poker, panguingui,312

poker, roulette, seven-an-a-half, sic bo, twenty-one, wheel of fortune or any variation313

and composites of such a game;314

(B) Gaming tournaments in which players compete against one another in one or more315

of the gambling games authorized under this chapter; or316

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H. B. 677 (SUB)- 10 -

(C) Any other game approved by the commission through regulations, policies, and317

procedures as a table game.318

(53) 'Temporary permitted employee or independent contractor' means any employee or319

independent contractor authorized to work at a licensed resort facility in this state, under320

Code Section 50-39-40 or any regulations, policies, and procedures of the commission,321

from the date of submitting a completed application or renewal application for regulatory322

permitting for a period not to exceed 120 days following the commission's receipt of the323

regulatory permitting application.324

(54) 'Total investment' means expenditures by a gaming licensee incurred during or for325

the development of a licensed resort facility, which shall include, but shall not limited to,326

costs associated with construction, licensing fees, architecture, and design of the licensed327

resort facility, property taxes associated with the licensed resort facility, site acquisition,328

and preparation of the property for the licensed resort facility, permits, infrastructure329

improvements, operating supplies, equipment, furniture, fixtures, financing, preopening330

costs, and any other costs or expenses approved by the commission.331

(55) 'Wager' means a sum of money or representative of value that is risked in casino332

gaming on an occurrence for which the outcome is uncertain.333

(56) 'Wagering credit' means a representative of value, other than a chip, token, or334

wagering instrument, that is used for wagering at a gambling game or gaming device and335

is obtained by the payment of cash or a cash equivalent, the use of a wagering instrument,336

or the electronic transfer of money.337

(57) 'Wagering instrument' means a representative of value, other than a chip or token,338

that is issued by a casino gaming licensee and approved by the commission for use in a339

cashless wagering system.340

50-39-3.341

There is created a body corporate and politic to be known as the Georgia Casino Gaming342

Corporation which shall be deemed to be an instrumentality of the state, and not a state343

agency, and a public corporation. Venue for the corporation shall be in Fulton County.344

50-39-4.345

(a) The corporation shall be governed by a board of directors which shall be known as the346

Georgia Casino Gaming Commission.347

(b) The commission shall be composed of five members to be appointed as follows:348

(1) One commissioner shall be appointed by the Governor;349

(2) One commissioner shall be appointed by the Attorney General;350

(3) One commissioner shall be appointed by the President of the Senate;351

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H. B. 677 (SUB)- 11 -

(4) One commissioner shall be appointed by the Speaker of the House of352

Representatives; and353

(5) One commissioner shall be appointed by a majority vote of those making354

appointments in paragraphs (1) through (4) of this subsection.355

(c) Commissioners shall be residents of the State of Georgia within 90 days of356

appointment and while serving on the commission and shall be prominent persons in their357

businesses or professions. Those making appointments shall consider appointing to the358

commission an attorney with experience in criminal investigations, an accountant with359

experience in corporate finance and securities, an individual having experience in law360

enforcement, and having expertise in marketing. Prior to appointment to the commission,361

an individual background investigation shall be conducted into the financial stability,362

integrity, and responsibility of a candidate, including the candidate's reputation for good363

character, honesty, and integrity. No individual who has been convicted of a felony shall364

be eligible to serve on the commission.365

(d) Commissioners, while serving on the commission or within two years of serving on the366

commission, shall not:367

(1) Hold or be a candidate for federal, state, or local elective office;368

(2) Hold an appointed office in a federal, state, or local government;369

(3) Serve as an official to a political party;370

(4) Have any direct or indirect interest in an undertaking that puts his or her personal371

interest in conflict with that of the corporation, including, but not limited to, an interest372

in any applicant, licensee, former licensee or vendor, or in a major procurement contract373

or have an immediate family member who has such an interest;374

(5) Receive any income, fee, or monetary benefit from any applicant, licensee, former375

licensee, or any vendor of the corporation or of an applicant, licensee, or former licensee,376

or have an immediate family member who receives or has received any such income, fee,377

or monetary benefit; or378

(6) Accept a position of employment with or representation of any applicant, licensee,379

former licensee, or any vendor of the corporation or of an applicant, licensee, or former380

licensee, or have an immediate family member who accepts or has previously accepted381

such a position of employment or representation.382

(e) Commissioners shall serve terms of five years, except that, of the initial commissioners383

appointed, the two commissioners appointed pursuant to paragraphs (1) and (2) of384

subsection (b) of this Code section shall be appointed for initial terms of two years; the two385

commissioners appointed pursuant to paragraphs (3) and (4) of subsection (b) of this Code386

section shall be appointed for initial terms of four years, and the one commissioner387

appointed pursuant to paragraph (5) of subsection (b) of this Code section shall be388

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H. B. 677 (SUB)- 12 -

appointed for an initial term of five years. Any vacancy occurring on the commission shall389

be filled by appointment by the respective appointing authority for the unexpired term.390

(f) All commissioners appointed by the Governor and the Attorney General shall be391

confirmed by the Senate. Commissioners appointed when the General Assembly is not in392

regular session shall serve only until the Senate has confirmed the appointment at the next393

regular or special session of the General Assembly. If the Senate refuses to confirm an394

appointment, the commissioner shall vacate his or her office on the date the confirmation395

fails.396

(g) The person who appointed the commissioner may remove such commissioner, if he or397

she:398

(1) Is guilty of malfeasance in office;399

(2) Substantially neglects the duties of a commissioner;400

(3) Is unable to discharge the powers and duties of the commissioner's office;401

(4) Commits gross misconduct;402

(5) Violates subsection (d) of this Code section; or403

(6) Is convicted of a felony or bookmaking or other forms of illegal gambling or of a404

crime involving moral turpitude.405

(h) The commissioners shall elect from their membership a chairperson and vice406

chairperson. The commissioners shall also elect a secretary and treasurer who can be the407

chief executive officer of the corporation. Such officers shall serve for such terms as shall408

be prescribed by the bylaws of the corporation or until their respective successors are409

elected and qualified. No commissioner shall hold more than any one office of the410

corporation, except that the same person may serve as secretary and treasurer.411

(i) The commission may delegate to any one or more of its members, to the chief executive412

officer, or to any agent or employee of the corporation such powers and duties as it may413

deem proper.414

(j) A majority of members of the commission in office shall constitute a quorum for the415

transaction of any business and for the exercise of any power or function of the416

corporation. No vacancy in the membership of the commission shall impair the right of417

the commissioners to exercise all the powers and perform all the duties of the commission.418

(k) Action may be taken and motions and resolutions adopted by the commission at any419

meeting thereof by the affirmative vote of a majority of present and voting commission420

members.421

(l) Commissioners shall receive salaries not greater than three-quarters of the salary of the422

chief operating officer; provided, however, that the chairperson of the commission may423

receive a salary equal to the salary of the chief operating officer. Members of the424

commission shall devote their full time and attention to the duties of their office. Upon425

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H. B. 677 (SUB)- 13 -

approval by the chairperson, members of the commission shall be reimbursed for actual426

and reasonable expenses incurred in the performance of the duties of the corporation.427

50-39-5.428

(a) The chairperson of the commission shall appoint a Casino Gaming Advisory Board to429

be composed of nine persons representing the broadest possible spectrum of geographical,430

racial, and business characteristics of casino gaming licensees, casino gaming vendors, and431

other pertinent interest groups associated with casino gaming in this state. The function432

of the casino advisory board shall be to advise the commission on various aspects of the433

casino gaming industry and to present the concerns of casino gaming licensees, casino434

gaming vendors, and other interested parties throughout the state.435

(b) Casino advisory board members shall serve terms of two years; provided, however,436

that five of the initial appointees shall serve initial terms of one year.437

(c) The casino advisory board shall establish its own rules and internal operating438

procedures. Casino advisory board members shall serve without compensation or439

reimbursement of expenses. The casino advisory board may report to the commission in440

writing at any time. The commission may invite the casino advisory board to make an oral441

presentation to the commission at regular meetings of the commission.442

50-39-6.443

(a) The corporation shall have any and all powers necessary or convenient to its usefulness444

in carrying out and effectuating the purposes and provisions of this chapter which are not445

in conflict with the Constitution of this state and which are generally exercised by446

corporations engaged in entrepreneurial pursuits, including, but without limiting the447

generality of the foregoing, the following powers:448

(1) To sue and be sued in contract and in tort and to complain and defend in all courts;449

(2) To adopt and alter a seal;450

(3) To adopt, amend, and repeal bylaws, regulations, policies, and procedures for the451

regulation of its affairs and the conduct of its business; to elect and prescribe the duties452

of officers and employees of the corporation; and to perform such other matters as the453

corporation may determine. In the adoption of bylaws, regulations, policies, and454

procedures or in the exercise of any regulatory power, the corporation shall be exempt455

from the requirements of Chapter 13 of this title, the 'Georgia Administrative Procedure456

Act';457

(4) To procure or to provide insurance;458

(5) To hold copyrights, trademarks, and service marks and enforce its rights with respect459

thereto;460

16 LC 36 3043S

H. B. 677 (SUB)- 14 -

(6) To initiate, supervise, and administer the operation of casino gaming in this state in461

accordance with the provisions of this chapter and regulations, policies, and procedures462

adopted pursuant thereto;463

(7) To enter into written agreements with one or more other states or sovereigns for the464

operation, participation in marketing, and promotion of casino gaming at licensed resort465

facilities;466

(8) To conduct such market research as is necessary or appropriate, which may include467

an analysis of the demographic characteristics of the players participating in casino468

gaming and an analysis of advertising, promotion, public relations, incentives, and other469

aspects of communication;470

(9) To acquire or lease real property and make improvements thereon and acquire by471

lease or by purchase personal property, including, but not limited to, computers;472

mechanical, electronic, and online equipment and terminals; and intangible property,473

including, but not limited to, computer programs, systems, and software;474

(10) To enter into contracts to incur debt in its own name and enter into financing475

agreements with the state, agencies or instrumentalities of the state, or with any476

commercial bank or credit provider; provided, however, that any such debt shall be477

approved by the Georgia State Financing and Investment Commission and provided478

further, that such debt shall not be an obligation of the State of Georgia or another unit479

of the state, and the State of Georgia shall not bear any liability or responsibility or be a480

guarantor or surety of any debt or for any loan of the corporation;481

(11) To be authorized to administer oaths, take depositions, issue subpoenas, and compel482

the attendance of witnesses and the production of books, papers, documents, and other483

evidence relative to any investigation or proceeding conducted by the corporation;484

(12) To appoint and select officers, agents, representatives, and employees, including485

professional and administrative staff and personnel and hearing officers to conduct486

hearings required by this chapter, and to fix their compensation, pay their expenses, and487

provide a benefit program, including, but not limited to, a retirement plan and a group488

insurance plan;489

(13) To select and contract with vendors;490

(14) To enter into contracts or agreements with state or local law enforcement agencies,491

including but not limited to the Georgia Bureau of Investigation, for the performance of492

law enforcement, background investigations, security checks, and auditing and493

enforcement of license requirements required under this chapter;494

(15) The commission shall be authorized to contract with the Department of495

Administrative Services to develop requests for proposals to receive applications for496

licensure under this chapter;497

16 LC 36 3043S

H. B. 677 (SUB)- 15 -

(16) To enter into contracts of any and all types on such terms and conditions as the498

corporation may determine;499

(17) To establish and maintain banking relationships, including, but not limited to,500

establishment of checking and savings accounts and lines of credit; provided, however,501

that the State of Georgia shall not bear any liability or responsibility or be a guarantor or502

surety of any such line of credit;503

(18) To advertise casino gaming and promote responsible casino gaming with this state;504

and505

(19) To adopt and amend such regulations, policies, and procedures as necessary to carry506

out and implement its powers and duties, organize and operate the corporation, regulate507

the conduct of casino gaming in general, and any other matters necessary or desirable for508

the efficient and effective operation of the corporation or the convenience of the public.509

The promulgation of any such regulations, policies, and procedures shall be exempt from510

the requirements of Chapter 13 of this title, the 'Georgia Administrative Procedure Act.'511

(b) The powers enumerated in subsection (a) of this Code section are cumulative of and512

in addition to those powers enumerated elsewhere in this chapter, and no such powers limit513

or restrict any other powers of the corporation.514

50-39-7.515

The corporation through the commission shall have all powers and duties necessary to516

carry out the provisions of this chapter and to exercise regulatory control over casino517

gaming in this state. Such powers and duties shall include, but not be limited to, the518

general powers set forth in Code Section 50-39-6 and the following:519

(1) The commission is vested with jurisdiction to supervise the licensing of casino520

gaming in this state and to observe the conduct of casino gaming by licensed resort521

facilities so as to ensure that licenses shall not be held by unqualified or disqualified522

parties or unsuitable parties whose operations are conducted in an unsuitable manner;523

(2) The commission shall employ such persons as are necessary to ensure that casino524

gaming is conducted in this state with order and the highest degree of integrity. Such525

persons employed by the commission shall possess such authority and perform such526

duties as the commission shall prescribe or delegate to them;527

(3) The commission may eject or exclude from any part of any licensed resort facility528

any person, whether an employee or patron of a licensee, whose conduct or reputation is529

such that his or her presence may, in the opinion of the commission, reflect adversely on530

the honesty and integrity or interfere with the orderly conduct of casino gaming in this531

state;532

16 LC 36 3043S

H. B. 677 (SUB)- 16 -

(4) The commission, its representatives, and its employees shall visit, investigate, and533

have free access to the office, facilities, and other places of business of any licensees and534

may compel the production of any of the books, documents, records, or memoranda of535

any licensee for the purpose of satisfying itself that the obligations of this chapter and any536

regulations, policies, and procedures developed by the commission are strictly complied537

with. In conjunction with this authority, the commission may:538

(A) Demand access to and inspect, examine, photocopy, and audit all papers, books,539

and records of any applicant or licensee on its premises, or elsewhere as practicable,540

and in the presence of the applicant or licensee or its agent, respecting the gross income541

produced by any casino gaming business or activity, and require verification of income,542

and all other matters affecting the enforcement of the policy or any of the provisions543

of this chapter;544

(B) Demand access to and inspect, examine, photocopy, and audit all papers, books,545

and records of any affiliate of a licensee whom the commission knows or reasonably546

suspects is involved in the financing, operation, or management of the licensee. The547

inspection, examination, photocopying, and audit may take place on the affiliate's548

premises or elsewhere as practicable, and in the presence of the affiliate or its agent;549

and550

(C) Require the production of an annual balance sheet and operating statement of any551

licensee operating in this state and may likewise require the production of any contract552

to which such licensee is or may be a party;553

(5) The commission shall promulgate regulations, policies, and procedures setting forth554

conditions under which casino gaming shall be conducted in this state and all such other555

regulations, policies, and procedures it deems necessary and appropriate to affect the556

purposes of this chapter. Nothing in this paragraph shall be deemed to preclude private557

ownership of licensed resort facilities or private participation in the commerce of casino558

gaming. The regulations, policies, and procedures developed by the commission may559

include penalties for violations and shall be promulgated in accordance with the560

provisions of this chapter;561

(6) The commission may require that licensees post, in a conspicuous place in every562

licensed resort facility where casino gaming takes place, a sign which bears a toll-free563

telephone number for an organization which provides assistance to compulsive gamblers;564

(7) The commission may compel any licensee to file with it such data as shall appear to565

the commission to be necessary for the performance of its duties, including, but not566

limited to, financial statements and information relative to stockholders and all others567

with any pecuniary interest in such licensee. It may also prescribe the manner in which568

books and records of such persons shall be kept;569

16 LC 36 3043S

H. B. 677 (SUB)- 17 -

(8) The commission may enter into arrangements with any foreign or domestic570

government or governmental agency for the purposes of exchanging information or571

performing any other act to better ensure the proper regulation of casino gaming in this572

state;573

(9) The commission, its representatives, and its employees may, within any licensed574

resort facility, and during regular and usual business hours, subject any licensed resort575

facility to inspections of its property or premises to ascertain compliance with the576

provisions of this chapter. Any item, document, or record indicative of a violation of any577

provision of this chapter or any regulations, policies, and procedures of the commission578

may be seized as evidence of such violation. All licensees and licensed resort facilities579

shall be deemed to consent to the searches and seizures authorized in this chapter as a580

condition of accepting a license from the commission;581

(10) The commission, its representatives, and its employees shall have all necessary582

authority to inspect all premises where any gaming device or equipment used in casino583

gaming or a gambling game is manufactured, sold, or distributed in this state;584

(11) The commission, its representatives, and its employees shall have all necessary585

authority to summarily seize, remove, and impound from all licensees and licensed resort586

facilities any equipment or supplies for the purpose of examination and inspection;587

(12) The commission, its representatives, and its employees shall have all necessary588

authority to study, review, and analyze the business of casino gaming and other forms of589

gaming in this state and may make recommendations to the Governor and the General590

Assembly regarding the proper regulation and administration of such activities;591

(13) The commission, its representatives, and its employees shall have all necessary592

authority to study, review, and analyze the scope and impact of illegal gaming activities,593

sometimes referred to as 'black-market gaming' or 'gray-market gaming,' within this state594

and may make recommendations to the Governor and the General Assembly regarding595

how best to eliminate such activities. The commission shall also have the necessary596

authority to investigate suspected illegal gaming activities in this state and to refer the597

results of such investigations to state and local law enforcement authorities for598

appropriate legal action;599

(14) The commission, its representatives, and its employees shall have all necessary600

authority to study, review, and analyze gambling addiction, problem gaming, and other601

associated afflictions and may make recommendations to the Governor and the General602

Assembly regarding how best to identify and treat citizens within this state who are603

affected by such disorders;604

(15) For the purpose of conducting audits after the cessation of casino gaming by a605

licensee, the commission shall have all necessary authority to demand that a former606

16 LC 36 3043S

H. B. 677 (SUB)- 18 -

licensee furnish, upon demand of an employee or agent of the commission, books, papers,607

and records as necessary to conduct such audits. The former licensee shall maintain all608

books, papers, and records necessary for such audits for one year after the date of the609

surrender or revocation of its gaming license. If the former licensee seeks judicial review610

of a deficiency determination or seeks a redetermination from the commission, the former611

licensee must maintain all books, papers, and records until a final order is entered on the612

determination;613

(16) The commission shall have the obligation to keep true and accurate records of its614

proceedings and to preserve at the general office of the commission all books, documents,615

and papers of the corporation and commission;616

(17) The commission shall provide the chief executive officer with policy guidance617

regarding the regulation of casino gaming in this state;618

(18) The commission shall approve, disapprove, amend, or modify the budget and the619

terms of major procurements recommended by the chief executive officer for the620

operation of the corporation; and621

(19) The commission may hear and conduct such hearings as required under this chapter.622

50-39-8.623

The commission shall appoint and shall provide for the compensation of a chief executive624

officer who shall be an employee of the corporation and who shall direct the day-to-day625

operations and management of the corporation and shall be vested with such powers and626

duties as specified by the commission and by law. The chief executive officer shall serve627

at the pleasure of the commission.628

50-39-9.629

(a) The chief executive officer of the corporation shall direct and supervise all630

administrative and technical activities in accordance with the provisions of this chapter and631

with the regulations, policies, and procedures adopted by the commission. It shall be the632

duty of the chief executive officer to:633

(1) Facilitate the initiation and supervise and administer the regulation of casino gaming634

and the licensing of resort facilities in this state;635

(2) Employ and direct such personnel as deemed necessary;636

(3) Employ by contract and compensate such persons as deemed necessary;637

(4) Promote or provide for the regulation of casino gaming, licensing of resort facilities,638

and any functions related to the corporation;639

(5) Prepare a budget for the approval of the commission;640

16 LC 36 3043S

H. B. 677 (SUB)- 19 -

(6) Require bond from employees of the commission and any other person in such641

amounts as may be required by the commission and by law;642

(7) Report quarterly to the state auditor, the state accounting officer, and the commission643

a full and complete statement of revenues and expenses of the corporation for the644

preceding quarter; and645

(8) Perform other duties generally associated with a chief executive officer of a646

corporation of an entrepreneurial nature.647

(b) The chief executive officer may for good cause suspend, revoke, or refuse to renew any648

contract entered into in accordance with the provisions of this chapter or the regulations,649

policies, and procedures of the commission.650

(c) The chief executive officer or his or her designee may conduct hearings and administer651

oaths to persons for the purpose of assuring the security or integrity of casino gaming652

operations and licensed resort facilities or to determine the qualifications of or compliance653

by licensees, permittees, and any other person regulated under the provisions of this chapter654

or any regulations, policies, and procedures of the commission.655

50-39-10.656

(a) The corporation shall establish and maintain a personnel program for its employees and657

fix the compensation and terms of compensation of its employees; provided, however, that658

no bonuses or incentive payments shall be awarded or paid to any employee of the659

corporation based on the amount of funds deposited or maintained in the Casino Gaming660

Education Account or on the amount of any funds collected by the corporation or661

commission.662

(b) No employee of the corporation shall have a financial interest in any vendor doing663

business or proposing to do business with the corporation or with any applicant or licensee.664

(c) No employee of the corporation shall have a financial interest in any applicant or665

licensee.666

(d) No employee of the corporation who leaves the employment of the corporation shall667

represent any applicant, licensee, or former licensee, or any vendor of the corporation of668

an applicant, license, or former licensee, before the corporation for a period of two years669

following his or her last day of employment with the corporation.670

(e) Background investigations shall be conducted on each individual who has reached the671

final selection process prior to employment by the corporation at the level of a division672

director and above and at any level within any division of security and as otherwise673

required by the commission. The corporation shall be authorized to pay for the actual cost674

of such investigations and may contract with the Georgia Bureau of Investigation for the675

performance of such investigations. The results of such a background investigation shall676

16 LC 36 3043S

H. B. 677 (SUB)- 20 -

not be considered a record open to the public pursuant to Article 4 of Chapter 18 of this677

title.678

(f) No person who has been convicted of a felony or bookmaking or other forms of illegal679

gambling or of a crime involving moral turpitude shall be employed by the corporation.680

(g) The corporation shall bond employees with access to corporation funds or casino681

gaming revenue in such an amount as provided by the commission and may bond other682

employees as deemed necessary.683

50-39-11.684

(a) The funding of commission operating expenses related to casino gaming regulation and685

licensing shall be provided for in the manner set forth in subsection (c) of this Code section686

and in Code Sections 50-39-60 and 50-39-61 from funds appropriated from the annual687

proceeds maintained in the Casino Gaming Education Account.688

(b)(1) By June 30 of each year the commission shall submit to the Office of Planning and689

Budget, the state auditor, the state accounting officer, and the Governor a copy of the690

annual operating budget for the corporation for the next fiscal year. This annual operating691

budget shall be approved by the commission and be on such forms as prescribed by the692

Office of Planning and Budget. Such annual operating budget shall detail the693

corporation's operational costs for the regulation of casino gaming for the past fiscal year694

and its expected operational expenditures for the regulation of casino gaming for the695

upcoming fiscal year. Such report shall provide a detailed overview of the commission's696

activities in and regulatory priorities for casino gaming in both the past and upcoming697

fiscal year. The report shall take into account the state constitutional requirement that the698

commission's annual budget for casino gaming regulation shall never constitute less than699

1 percent nor more than 5 percent of the annual proceeds deposited into the Casino700

Gaming Education Account. This budget proposal shall also be accompanied by an701

estimate of funds to be deposited into the Casino Gaming Education Account during the702

next fiscal year.703

(2) The provisions of paragraph (1) of this subsection shall apply in each fiscal year704

following the effective date of this chapter. In the year of the effective date of this705

chapter, however, the commission shall be responsible for developing a preliminary706

budget report document detailing its expected operational expenditures for the first fiscal707

year after the effective date of this chapter. The contents of such report shall take into708

account the state constitutional requirement that the commission's annual budget for709

casino gaming regulation shall never constitute less than 1 percent nor more than 5710

percent of the annual proceeds deposited into the Casino Gaming Education Account.711

16 LC 36 3043S

H. B. 677 (SUB)- 21 -

(c)(1) The General Assembly shall have the authority to appropriate all necessary funds712

for the initial development of the commission's casino gaming operational structure and713

the commencement of its initial licensing and regulatory operations. Such appropriations714

shall be set in consultation with the Governor and the commission and shall provide715

sufficient funds for the commission to carry out its duties with respect to casino gaming716

as delineated in this chapter until such time as the Casino Gaming Education Account is717

funded through the mechanisms described in this chapter or the General Assembly in718

consultation with the Governor determines that funding for such initial development is719

no longer necessary. It is the expectation of the General Assembly that funding for720

commission operations shall derive from the Casino Gaming Education Account starting721

in the first full fiscal year following the effective date of this chapter.722

(2) The General Assembly may require the repayment of any funds provided pursuant723

to paragraph (1) of this subsection and in such event shall establish the method, manner,724

and time frame of any such repayment.725

(d) To ensure the financial integrity of the corporation and its operation, the corporation726

through its commission shall:727

(1) Submit quarterly reports to the Governor, state auditor, state accounting officer, and728

the oversight committee disclosing total prize disbursements, gross gaming revenue729

generated by licensed resort facilities within the state, and total operating and730

administrative expenses of the corporation and commission during the reporting period.731

The report during the last quarter of each fiscal year shall additionally describe the732

organizational structure of the corporation, summarize the functions performed by each733

organizational division within the corporation, and provide a comprehensive financial734

report of casino gaming operations conducted at licensed resort facilities within the state735

during the fiscal year, including revenues generated and operational expenses incurred;736

(2) Adopt a system of internal audits;737

(3) Maintain monthly or more frequent records of casino gaming operations conducted738

at licensed resort facilities, including, but not limited to, data regarding gross gaming739

revenues generated and operational expenses incurred by licensees;740

(4) Contract with a certified public accountant or firm for an annual financial audit of the741

corporation. The certified public accountant or firm shall have no financial interest in any742

vendor with whom the corporation is under contract. The certified public accountant or743

firm shall present an audit report not later than four months after the end of the fiscal744

year. The certified public accountant or firm shall evaluate the internal auditing controls745

in effect during the audit period. The cost of this annual financial audit shall be an746

operating expense of the corporation. The state auditor may at any time conduct an audit747

of any phase of the operations of the corporation at the expense of the state and shall748

16 LC 36 3043S

H. B. 677 (SUB)- 22 -

receive a copy of the annual independent financial audit. A copy of any audit performed749

by the certified public accountant or firm or the state auditor shall be transmitted to the750

Governor, the Lieutenant Governor, and the Speaker of the House of Representatives, the751

state auditor, the state accounting officer, and the oversight committee cochairpersons;752

(5) Adopt the same fiscal year as that used by state government; and753

(6) For informational purposes only, submit to the Office of Planning and Budget on754

September 1 of each year a proposed operating budget for the corporation for the755

succeeding fiscal year. This budget proposal shall also be accompanied by an estimate756

of the net proceeds to be deposited into the Casino Gaming Education Account during the757

succeeding fiscal year. This budget shall be on such forms as prescribed by the Office of758

Planning and Budget.759

50-39-12.760

There is created as a joint committee of the General Assembly the Georgia Casino Gaming761

Corporation Legislative Oversight Committee, to be composed of the members of the762

House Committee on Regulated Industries and the Senate Regulated Industries and Utilities763

Committee. The chairpersons of such committees shall serve as cochairpersons of the764

oversight committee. The oversight committee shall periodically inquire into and review765

the operations of the Georgia Casino Gaming Corporation, as well as periodically review766

and evaluate the success with which the corporation is accomplishing its statutory duties767

and functions as provided in this chapter. The oversight committee may conduct any768

independent audit or investigation of the authority it deems necessary.769

50-39-13.770

The commission shall adopt regulations, policies, and procedures for licensed resort771

facilities that restrict participation in casino gaming to individuals who are 21 years of age772

or older. Such regulations, policies, and procedures shall be designed to prevent the act of773

underage casino gaming but shall not restrict access to licensed resort facilities by774

individuals who are age 20 or younger.775

50-39-14.776

The commission shall have all necessary authority to promulgate regulations, policies, and777

procedures regarding the placement of automated teller machines within licensed resort778

facilities in this state.779

16 LC 36 3043S

H. B. 677 (SUB)- 23 -

50-39-15.780

All electronic gaming equipment used in casino gaming at a licensed resort facility and any781

associated monitoring equipment shall be scientifically tested and technically evaluated for782

compliance with the laws of this state and the regulations, policies, and procedures of the783

commission by an independent testing laboratory that has been accredited to meet the784

standards established by the commission.785

50-39-16.786

Except as otherwise provided in this chapter, the commission shall be subject to the787

provisions of Article 4 of Chapter 18 of this title and Chapter 14 of this title; provided,788

however, that the commission shall be specifically authorized to determine which789

information relating to the regulation of casino gaming is confidential. Such information790

shall include trade secrets; security measures, systems, or procedures; security reports;791

information concerning bids or other contractual data, the disclosure of which would impair792

the efforts of the commission to contract for goods or services on favorable terms;793

employee personnel information unrelated to compensation, duties, qualifications, or794

responsibilities; and information obtained pursuant to investigations which is otherwise795

confidential. Information deemed confidential pursuant to this Code section shall be796

exempt from the provisions of Article 4 of Chapter 18 of this title. Meetings or portions797

of meetings devoted to discussing information deemed confidential pursuant to this Code798

section shall be exempt from Chapter 14 of this title.799

50-39-17.800

(a) The commission may establish by regulations, policies, and procedures for the801

regulation and periodic inspection of casino gaming operations at licensed resort facilities802

within this state to ensure that such operations are in accordance with the requirements of803

this chapter and the regulations, policies, and procedures of the commission.804

(b) The regulations, policies, and procedures promulgated by the commission may provide805

for the assessment of minor civil penalties against those licensees and permit holders who806

violate the requirements of this chapter or any regulations, policies, or procedures adopted807

by the commission.808

50-39-18.809

For purposes of this chapter, one slot machine shall count as one gaming position, and one810

table game, regardless of the actual number of seats provided, shall count as six gaming811

positions.812

16 LC 36 3043S

H. B. 677 (SUB)- 24 -

ARTICLE 2813

Part 1814

50-39-20.815

(a) No person shall offer casino gaming or construct, establish, own, or operate any816

development, facility, enterprise, or business for casino gaming in this state unless such817

person has been awarded and issued a casino gaming license from the commission in818

accordance with the provisions of this chapter.819

(b) All casino gaming licenses issued pursuant to this chapter shall provide the licensee820

with the ability to operate a destination resort in this state where casino gaming shall be821

permissible. All other forms of casino gaming not explicitly set forth in this chapter shall822

remain illegal in this state until such time as they are approved by the commission in823

accordance with the legal authority granted to it by the General Assembly, or until such824

time as the General Assembly provides by law for the express legalization of such forms825

of casino gaming in this state.826

(c) No license issued under the provisions of this chapter shall be transferable, except as827

provided in Code Section 50-39-31 or the regulations, policies, and procedures of the828

commission.829

(d) Notwithstanding any other provision of law, all licensed resort facilities operating in830

this state may operate 24 hours a day for all legal purposes, including, but not limited to,831

casino gaming, hotel and hospitality operations, and the sale and service of food and832

alcoholic beverages. To facilitate such 24 hour operation by licensed resort facilities, the833

commission shall have all necessary authority to consider and make recommendations to834

the Governor, the General Assembly, and appropriate county, municipal, and consolidated835

governments on proposed changes to any existing state or local laws that currently restrict836

or prohibit 24 hour business operations for any purpose, including those described in this837

subsection. Any licensee may request that the commission consider and make838

recommendations to the Governor, the General Assembly, and appropriate county,839

municipal, and consolidated governments on proposed changes to any existing state or840

local laws that restrict or prohibit the licensee's ability to conduct business operations for841

any purpose, including those described in this subsection, on a 24 hour basis.842

50-39-21.843

(a) The commission's authority to award or issue casino gaming licenses shall be limited844

to a maximum of four casino gaming licenses at any given time in accordance with this845

chapter. Such casino gaming licenses shall be issued for destination resorts at locations846

within Licensing Region One and Licensing Region Two as follows:847

16 LC 36 3043S

H. B. 677 (SUB)- 25 -

(1)(A) No more than two casino gaming licenses may be issued at any given time848

within Licensing Region One. Such casino gaming licenses shall be of the following849

nature:850

(i) The first casino gaming license awarded and issued in Licensing Region One shall851

be a primary casino gaming license; and852

(ii) The second casino gaming license awarded and issued in Licensing Region One853

shall be a secondary casino gaming license that shall not be awarded or issued until854

such time as the commission has awarded and issued the primary casino gaming855

license; and856

(B) No more than two casino gaming licenses may be issued at any given time within857

Licensing Region Two; and858

(2)(A) No secondary casino gaming license awarded and issued for a destination resort859

in Licensing Region One shall be located within ten miles of or within the same county860

or consolidated government as a destination resort for which the primary casino gaming861

license was awarded and issued in Licensing Region One.862

(B)(i) No casino gaming license awarded and issued for a destination resort in863

Licensing Region Two shall be located within 50 miles of the boundaries of Licensing864

Region One; and865

(ii) The two casino gaming licenses awarded and issued in Licensing Region Two866

shall not be for licensed resort facilities located within 50 miles of each other.867

(b) The absence of an active casino gaming license in either of the state's casino gaming868

licensing regions or the presence of less than four total active casino gaming licenses869

within the state shall not alter the limitations in this Code section placed on the number of870

licenses issued within each casino gaming licensing region.871

(c) The commission shall have the authority to recommend to the General Assembly that872

it adjust the casino gaming licensing regions and the limitations placed on the secondary873

casino gaming license awarded and issued within Licensing Region One. The commission874

shall not, however, alter the specific limitations contained in subsections (a) and (b) of this875

Code section through regulations, policies, and procedures or any other regulatory action.876

(d) The licensing of a destination resort at which casino gaming may be conducted in this877

state shall be considered the exclusive province of the commission. In turn, no licensing878

structure or similar regulatory framework relating to casino gaming or related activities at879

licensed resort facilities may be implemented by any county, municipality, or consolidated880

government within this state.881

16 LC 36 3043S

H. B. 677 (SUB)- 26 -

50-39-22.882

(a) The commission shall seek applications for licensure by issuing a request for proposals883

for applications for licensure. Such request for proposals shall be for a period of not less884

than 90 days. The commission shall review all applications for licensure submitted in885

response to such request for proposals based on the criteria established in the request for886

proposals which shall be consistent with the criteria set forth in Code Section 50-39-24.887

(b) Public notice of such request for proposals shall be made at least 90 days prior to the888

date set for receipt of applications for licensure by posting the legal notice on a single889

website that shall be procured and maintained for the purpose of soliciting applications for890

licensure.891

(c) Upon receipt of an application or applications for licensure responsive to the request892

for proposals, the commission shall accept written public comment, solicited in the same893

manner as provided for notice of a request for proposals, for a period of at least 30 days894

beginning at least ten days after the date set for receipt of the applications for licensure.895

In addition, the commission shall hold at least two public hearings on such applications for896

licensure not later than the conclusion of the period for public comment, one of which shall897

be held within the casino gaming licensing region which is the subject of the request for898

proposals.899

(d)(1) The commission shall engage in individual discussions with two or more900

applicants submitting applications for licensure deemed fully qualified, responsible, and901

suitable on the basis of initial responses and with emphasis on professional competence902

and ability to meet the requirements and level of private financial participation called for903

by the commission, except in the event that there is only one applicant or only one904

applicant is deemed fully qualified, responsible, and suitable. Repetitive informal905

interviews shall be permissible. Proprietary information from competing applicants for906

licensure shall not be disclosed to the public or to other applicants. At the conclusion of907

such discussions, on the basis of evaluation factors published in the request for proposals908

and all information developed in the selection process, the commission shall rank the909

applicants for licensure in the order of whose qualifications and proposed applications for910

licensure are deemed most meritorious. After ranking the applications, the commission911

shall begin the process of licensing with the first ranked applicant. If for whatever reason912

the commission does not issue a casino gaming license to the first ranked applicant, then913

the commission may begin the process of licensing with the next ranked applicant. This914

process shall continue until the commission either voluntarily abandons the process or915

issues a casino gaming license to an applicant. The final decision on whether to issue a916

casino gaming license shall rest with the commission. No casino gaming license shall be917

16 LC 36 3043S

H. B. 677 (SUB)- 27 -

issued unless all of the requirements under this chapter and any regulations, policies, and918

procedures of the commission for the issuance of such licenses have been met.919

(2) Notwithstanding any provision in paragraph (1) of this subsection, if the terms and920

conditions for multiple awards of licensure are included in the request for proposals and921

are in accordance with the requirements and limitations provided in Code Section922

50-39-21, the commission may award licenses to more than one applicant.923

(3) Should the commission determine in writing and in its sole discretion that only one924

applicant for licensure is fully qualified, or that one applicant is clearly more highly925

qualified, responsible, and suitable than the others under consideration, a casino gaming926

license may be awarded to that applicant. Code Sections 50-39-27, 50-39-28, and927

50-39-30 shall apply should the commission determine that an applicant is unsuitable.928

(e) At any time during the process outlined in this Code section but before the issuance of929

a casino gaming license, the commission may, without liability to any private entity or930

third party, cancel its request for applications or reject all applications received in response931

to its request for proposals for any reason whatsoever. The request for proposals process932

shall be deemed to be completed on the date all the casino gaming licenses are issued as933

a result of such process or the date on which the commission cancels its request for934

applications or rejects all applications.935

(f) The commission shall present to the Governor, the President of the Senate, the Speaker936

of the House of Representatives, and the chairpersons of the Senate Regulated Industries937

and Utilities Committee and the House Committee on Regulated Industries quarterly938

reports of all of its activities undertaken pursuant to the provisions of this Code section.939

50-39-23.940

(a) Any person desiring to construct, establish, own, or operate a destination resort in this941

state which offers casino gaming shall file with the commission an application for a casino942

gaming license in response to a request for proposals as provided for in Code Section943

50-39-22. Such application shall be filed at the time and place prescribed by the944

commission and shall be in such form and contain such information as prescribed by the945

regulations, policies, and procedures of the commission, which shall include, but not946

limited to, the following:947

(1) The name and address of such person; if a corporation, the state of its incorporation,948

the full name and address of each officer and director thereof, and, if a foreign949

corporation, whether it is qualified to do business in this state; if a partnership or joint950

venture, the name and address of each officer thereof;951

(2) The name and address of each stockholder or member of such corporation who has952

a 5 percent or greater ownership or security interest or each partner of such partnership953

16 LC 36 3043S

H. B. 677 (SUB)- 28 -

or joint venture who has a 5 percent or greater ownership or security interest and of each954

person who has contracted for a pecuniary interest in the applicant or the destination955

resort where casino gaming will be conducted, whether such interest is an ownership or956

a security interest, the nature and value of such interest, and the name and address of each957

person who has agreed to lend money to the applicant;958

(3) Such information as the commission deems appropriate regarding the character,959

background, and responsibility of the applicant, the members, partners, stockholders,960

officers, directors, and managers of the applicant, and any other persons who are likely961

to have significant influence over the casino gaming operations of the applicant;962

(4) The location and description of the planned or existing destination resort where the963

applicant proposes to conduct casino gaming, including the name of any county,964

municipality, or consolidated government in which any property of such destination965

resort is or will be located. The commission shall require such information about the966

planned or existing destination resort as it deems necessary and appropriate to determine967

whether it complies with the minimum standards provided in this chapter and whether the968

operation of casino gaming in such location would be in the best interests of the people969

of this state;970

(5) Such information relating to the financial responsibility of the applicant as the971

commission in its discretion deems appropriate;972

(6) If any of the facilities necessary for the operation of casino gaming at the destination973

resort are to be leased, the terms of such lease; and974

(7) Any other information which the commission in its discretion deems appropriate.975

(b) Each application shall be verified by the oath and affirmation of an officer of the976

applicant and shall be accompanied by a nonrefundable application review and processing977

fee not to exceed $500,000.00. The total amount of this application review and processing978

fee shall be established by the commission in light of the expected expenses associated979

with the review and processing of a casino gaming license application submitted under this980

chapter. All application review and processing fees received by the commission in981

accordance with the requirements of this Code section shall be transferred by the982

commission to the Casino Gaming Education Account in the state treasury within a period983

of seven days from receipt.984

(c) Each application shall also be accompanied by a financial deposit pursuant to985

subsection (d) of this Code section that is equal to the amount of the casino gaming986

licensing fee provided in Code Section 50-39-26 for the type of license in the casino987

gaming licensing region associated with the application. If the casino gaming license988

application of a prospective licensee is approved for license and a license is awarded by the989

commission, such financial deposit shall be credited toward the casino gaming licensing990

16 LC 36 3043S

H. B. 677 (SUB)- 29 -

fee required of the licensee pursuant to Code Section 50-39-26. All deposits of an991

applicant who is awarded a casino gaming license that are to be credited toward the992

applicant's casino gaming licensing fee under this chapter shall be transferred by the993

commission to the Casino Gaming Education Account within seven days of the994

commission's awarding such license to the applicant.995

(d) If the casino gaming license application of a prospective licensee is not awarded by the996

commission, such deposit shall be refunded to the applicant within 15 days following the997

date of the completion of the request for proposal process as provided in subsection (e) of998

Code Section 50-39-22; provided, however, that, if the applicant is deemed unsuitable999

under Code Section 50-39-27, such deposit shall be refunded following the conclusion of1000

the seven-day licensing appeal period described in Code Section 50-39-30.1001

(e) During the application evaluation period as part of the request for proposals process1002

provided in Code Section 50-39-22, all financial deposits associated with prospective1003

applicants shall be held in escrow by the commission or a financial institution of the1004

commission's choosing.1005

50-39-24.1006

(a) When evaluating applications submitted for any casino gaming license described in this1007

chapter, the commission shall award such license, if any is awarded, to the applicant who1008

best meets the following criteria for licensure:1009

(1) The applicant is adequately capitalized to construct, operate, own, and maintain a1010

destination resort of outstanding quality for proposed casino gaming. With regard to this1011

criterion, adequate capitalization shall be evaluated and consideration given to any recent1012

bankruptcies filed by the current or predecessor parent companies or holding companies1013

of the applicant;1014

(2) The applicant, if a stock corporation, has stock that is fully paid and nonassessable1015

and has been subscribed and paid for only in cash or property to the exclusion of past1016

services;1017

(3) All principal stockholders or members of the applicant have submitted to the1018

jurisdiction of the courts of the State of Georgia and have designated an agent for service1019

of process in the state;1020

(4) The plans and specifications submitted by the applicant for a casino gaming license1021

meet minimum total investment levels as set by the commission, and such applicant has1022

a demonstrated history of meeting such total investment levels in destination resorts it has1023

developed, managed, or operated such that:1024

(A) At no time shall the commission allow minimum total investment levels for1025

licensed resort facilities to be less than $1.25 billion for applicants seeking the primary1026

16 LC 36 3043S

H. B. 677 (SUB)- 30 -

casino gaming license in Licensing Region One or less than $750 million for applicants1027

seeking the secondary casino gaming license in Licensing Region One; and1028

(B) At no time shall the commission allow minimum total investment levels for1029

licensed resort facilities to be less than $400 million for applicants seeking a casino1030

gaming license in Licensing Region Two;1031

(5) The applicant has a demonstrated history of excellence in resort design and1032

architecture, and the plans and specifications submitted by such applicant for the1033

destination resort where casino gaming is proposed reflect a focus on such high-quality1034

destination resort design and architecture that is also complimentary to the existing1035

architecture of the area;1036

(6) The applicant has a demonstrated history of excellence in developing destination1037

resorts with high-quality, nongaming amenities, and the plans and specifications1038

submitted by the applicant for the destination resort where casino gaming is proposed1039

reflect a focus on providing such high-quality, nongaming amenities;1040

(7) The applicant has a demonstrated history of excellence in the development,1041

management, and operation of high-quality destination resorts for casino gaming, and the1042

plans and specifications submitted by the applicant for the destination resort where casino1043

gaming is proposed reflect a focus on developing, managing, and operating such a1044

high-quality facility;1045

(8) The applicant has a demonstrated history of development, management, and1046

operation of destination resorts for casino gaming that value the principles of1047

environmental sustainability and stewardship at a LEED Gold level standard or higher1048

as awarded by the United States Green Building Council, and the plans and specifications1049

submitted by the applicant for the destination resort where casino gaming is proposed1050

reflect a focus on the principles of environmental sustainability and stewardship at the1051

same LEED Gold level standard or higher;1052

(9) The applicant has a demonstrated history of job creation, employment partnerships,1053

and initial and ongoing training programs in the development, management, and1054

operation of destination resorts for casino gaming, and the plans and specifications1055

submitted by the applicant for the destination resort where casino gaming is proposed1056

reflect a focus on creating a diverse range of high-quality and permanent job1057

opportunities;1058

(10) The applicant has a demonstrated history of developing, managing, and operating1059

destination resorts for casino gaming that match the existing infrastructure capabilities1060

of the areas surrounding such facilities, and the plans and specifications submitted by the1061

applicant for the destination resort where casino gaming is proposed reflect adequate1062

concern for the infrastructure capabilities of the preferred site location;1063

16 LC 36 3043S

H. B. 677 (SUB)- 31 -

(11) The applicant has a demonstrated history of promoting tourism through the1064

development, management, and operation of destination resorts for casino gaming, and1065

the destination resort proposal submitted by the applicant exhibits an ability to promote1066

tourism in this state and increased economic engagement by out-of-state residents. With1067

regard to this criterion, the promotion of tourism shall be evaluated with consideration1068

given as to the proposed economic impact of increased tourism on the target licensing1069

region. The applicant's demonstrated history of promoting economic development1070

through tourism promotion shall also be taken into account;1071

(12) The applicant has a demonstrated ability of generating substantial revenue from1072

casino gaming in a competitive business environment and under varying economic1073

conditions, and the proposal submitted by the applicant exhibits an ability to generate1074

such substantial revenue in this state at the destination resort where casino gaming is1075

proposed;1076

(13) The applicant has a demonstrated history of brand recognition, tourism-generating1077

partnerships, and consumer satisfaction in developing, managing, and operating1078

destination resorts for casino gaming, and the proposal submitted by the applicant1079

exhibits an ability to maximize economic opportunity for the people of this state through1080

leveraging the applicant's tourism-generating partnerships and reputation for brand1081

recognition and consumer satisfaction;1082

(14) The applicant has a demonstrated history of generating substantial gaming and1083

nongaming tax proceeds from the destination resorts it develops, manages, and operates,1084

and the proposal submitted by the applicant exhibits an ability to generate substantial1085

gross gaming revenues and nongaming tax proceeds in this state at the destination resort1086

where casino gaming is proposed with consideration given to tax revenue generation from1087

out-of-state visitors;1088

(15) The applicant demonstrates that it has a reasonable plan to address any impact1089

casino gaming at the destination resort might have on the operations of the Georgia1090

Lottery Corporation pursuant to Chapter 27 of this title;1091

(16) The applicant has a demonstrated history of developing, managing, and operating1092

destination resorts for casino gaming that have a positive impact on economic1093

development and business growth in the localities around such facilities, and the proposal1094

submitted by the applicant exhibits an ability to encourage economic development and1095

business growth in the preferred site location where it intends to develop, manage, and1096

operate a destination resort where casino gaming is proposed;1097

(17) The applicant has a demonstrated history of local support, community partnerships,1098

and socially responsible behavior in the communities where it has developed, managed,1099

and operated destination resorts for casino gaming, and the proposal submitted by the1100

16 LC 36 3043S

H. B. 677 (SUB)- 32 -

applicant exhibits clear evidence of local support and community engagement from the1101

county, municipal, or consolidated government jurisdiction in this state where the1102

applicant seeks to establish a destination resort where casino gaming is proposed as1103

provided in Code Section 50-39-33; and1104

(18) The applicant meets all other criteria established by the commission pursuant to the1105

regulations, policies, and procedures for the award and issuance of a casino gaming1106

license.1107

(b) In deciding whether to award any license pursuant to this chapter and in ranking the1108

applications as provided in Code Section 50-39-22, the commission shall consider whether1109

it has previously awarded or issued a license to the applicant and the extent to which an1110

application is supported by elected officials in the county, municipality, or consolidated1111

government where the proposed destination resort would be located.1112

50-39-25.1113

(a) The commission shall consider all applications for a casino gaming license submitted1114

in response to a request for proposals as provided in Code Section 50-39-22 that is in1115

compliance with the provisions of this chapter and any regulations, policies, and1116

procedures of the commission.1117

(b) The issuance of a casino gaming license to an applicant authorizes the applicant to1118

begin construction or development of the proposed destination resort detailed in the1119

application submitted to the commission. Operation of the facility shall not commence,1120

however, until such time as the commission has formally issued the casino gaming license1121

to the licensee. The timing of this issuance shall be determined by the commission in1122

accordance with the specifications of this chapter.1123

(c) The commission shall not grant a casino gaming license for a proposed or existing1124

destination resort located in any county, municipality, or consolidated government that has1125

not approved by public referendum, in accordance with Code Section 50-39-32, the1126

construction, establishment, operation, or ownership of a licensed resort facility where1127

casino gaming is permitted.1128

(d) The commission shall not grant a casino gaming license if it finds for any reason that1129

the issuance of such license to an applicant would not be in the interest of the people of this1130

state or the casino gaming industry in this state or would reflect adversely on the honesty1131

and integrity of the casino gaming industry in this state or that the applicant or any officer,1132

partner, principal stockholder, member, or director of the applicant:1133

(1) Has knowingly made a false statement of material fact or has deliberately failed to1134

disclose any information requested;1135

16 LC 36 3043S

H. B. 677 (SUB)- 33 -

(2) Is or has been found guilty of any illegal, corrupt, or fraudulent act, practice, or1136

conduct in connection with any casino gaming in this or any other state, or has been1137

convicted of a felony;1138

(3) Has at any time knowingly failed to comply with the provisions of this chapter or of1139

any regulations, policies, or procedures of the commission;1140

(4) Has legally defaulted in the payment of any obligation or debt due to the State of1141

Georgia or any other state;1142

(5) Has constructed or caused to be constructed a destination resort for casino gaming1143

in this state for which a license was required under Code Section 50-39-25 without being1144

awarded or issued such a license, or has deviated substantially, without the permission1145

of the commission, from the plans and specifications submitted to the commission for the1146

construction of a destination resort that is to be a licensed resort facility; or1147

(6) Is not qualified to do business in this state or is not subject to the jurisdiction of the1148

courts of the State of Georgia.1149

(e)(1) As part of its review of casino gaming license applications submitted by potential1150

licensees, the commission shall fingerprint and require a background investigation of1151

every person who is an officer, director, or principal stockholder of a corporation1152

applying for a license to operate a resort facility in this state where casino gaming will1153

be undertaken.1154

(2) Any such background investigations conducted pursuant to this subsection shall be1155

conducted by the commission in accordance with its regulations, policies, and procedures.1156

The commission may, as it sees fit, also authorize a representative of a law enforcement1157

agency of the State of Georgia to conduct such background investigations.1158

50-39-26.1159

(a) An initial casino gaming license issued under this chapter shall be for a term of 151160

years and shall be subject to review by the commission once every five years within the1161

license term. The commission shall include on the license the term of such license, the1162

location of the licensed resort facility for which the license is issued, and such other1163

information as the commission deems proper. The term of the license shall commence as1164

of the issuance date of the license and not as of the award date of the license.1165

(b) Following the award of a casino gaming license to an applicant, the commission shall1166

require the approved licensee to pay a casino gaming licensing fee. The casino gaming1167

licensing fee shall vary based upon the licensing region where the approved resort facility1168

is to be located and the type of license and shall be required to be paid once for each1169

approved destination resort as follows:1170

16 LC 36 3043S

H. B. 677 (SUB)- 34 -

(1)(A) The licensing fee for the primary casino gaming license issued for a destination1171

resort that will be located in Licensing Region One shall be $40 million; and1172

(B) The licensing fee for the secondary casino gaming license issued for a destination1173

resort that will be located in Licensing Region One shall be $25 million; and1174

(2) The licensing fee for the two casino gaming licenses issued to destination resorts that1175

will be located in Licensing Region Two shall be $15 million each.1176

(c) The commission shall have the authority to recommend to the General Assembly that1177

it adjust the casino gaming licensing fees set forth in this Code section. The commission1178

shall not, however, increase or decrease such fees through regulations, policies, and1179

procedures or any other rule-making or regulatory actions.1180

(d) As set forth in Code Section 50-39-23, any applicant awarded a casino gaming license1181

by the commission shall have the full amount of its casino gaming licensing fee satisfied1182

through the crediting of its casino gaming license application deposit against its respective1183

casino licensing fee obligation. The commission shall complete this crediting process prior1184

to transferring the applicant's license application deposit to the Casino Gaming Education1185

Account and shall, in conjunction with this crediting process, provide the applicant with1186

suitable documentation verifying that its casino gaming licensing fee has been paid in full.1187

(e) The commission shall keep a comprehensive record of all casino gaming licensing fees1188

paid through the crediting process described in subsection (d) of this Code section. Such1189

record shall, at a minimum, include true and accurate information regarding all casino1190

gaming licensing fee obligations met through the crediting process and all casino gaming1191

license application deposits transferred to the Casino Gaming Education Account following1192

the crediting process.1193

(f) The commission shall establish regulations, policies, and procedures for the renewal1194

of a casino gaming license upon its expiration. As part of this renewal process, the1195

commission shall provide that one year before the expiration of a casino gaming license,1196

a licensee may file with the commission a notice of intent to renew the license. Following1197

the submission of this notice of intent and before the expiration of its active casino gaming1198

license, a licensee may apply for renewal of its license for another 15 year term. If a1199

licensee is considered in good standing at the time of its renewal application, the1200

commission shall automatically renew such licensee's casino gaming license. If a licensee1201

is not considered to be in good standing at the time of the submission its renewal1202

application, the commission shall not automatically renew the casino gaming license but1203

may provide the licensee with an opportunity to remedy any issues affecting its standing1204

with the commission. If such issues are addressed to the satisfaction of the commission,1205

it may, but shall not be compelled to, renew the licensee's casino gaming license for a new1206

15 year term.1207

16 LC 36 3043S

H. B. 677 (SUB)- 35 -

(g) The licensing of destination resorts for casino gaming in this state and the assessment1208

of licensing fees associated therewith shall be considered the exclusive province of the1209

commission. No licensing structure or regulatory fee framework shall be implemented1210

against casino gaming licensees or licensed resort facilities by any county, municipal, or1211

consolidated government in this state.1212

50-39-27.1213

(a) A person who has been found unsuitable by the commission shall not be entitled to1214

profit from such person's investment in a:1215

(1) Corporation, other than a publicly traded corporation;1216

(2) Partnership;1217

(3) Limited partnership;1218

(4) Limited liability company; or1219

(5) Joint venture1220

which has applied for or has been awarded or issued a casino gaming license.1221

(b) A person who has applied for a casino gaming license and been found unsuitable by1222

the commission shall not retain interest in a corporation, partnership, limited partnership,1223

limited liability company, or joint venture licensed by the commission beyond that period1224

prescribed by the commission.1225

(c) A person who has been found unsuitable by the commission shall not accept more for1226

interest held in a corporation, partnership, limited partnership, limited liability company,1227

or joint venture licensed by the commission than such person paid for it or the market value1228

on the date of the finding of unsuitability.1229

(d) The finding of unsuitability by the commission shall be final unless appealed under1230

Code Section 50-39-30 within seven days of the commission's decision.1231

50-39-28.1232

(a) The commission shall maintain and make available to every licensee a complete and1233

current list containing the names of every person who has been found unsuitable or has had1234

a license or finding of suitability revoked by the commission.1235

(b) Any person whose name has been placed on the list maintained by the commission1236

pursuant to subsection (a) of this Code section may apply, on a form prescribed by the1237

commission, for removal from the list no earlier than five years after the date on which the1238

person was found unsuitable or had a license or finding of suitability revoked by the1239

commission.1240

16 LC 36 3043S

H. B. 677 (SUB)- 36 -

50-39-29.1241

(a) After a hearing upon at least 15 days' notice, the commission may suspend or revoke1242

any license or fine any licensee a sum not to exceed $250,000.00 in any case in which the1243

commission has reason to believe that any provision of this chapter or any regulations,1244

policies, or procedures, or condition of the commission have not been complied with or1245

have been violated by such licensee. The commission may revoke a license if it finds that1246

facts not known by the commission at the time it considered the application for licensure1247

indicate that such license should not have been awarded or issued.1248

(b) The commission may revoke any casino gaming license awarded to an applicant under1249

this chapter if the licensee, within three years of the date of such award, fails to engage in1250

casino gaming at the license resort facility in accordance with this chapter. Revocation of1251

such an awarded casino gaming license under this subsection shall not be mandatory, and1252

the commission shall retain all necessary authority to extend the period of time before1253

revocation if the commission believes the licensee is operating and acting in good faith.1254

(c) The commission, at a meeting at which a quorum of the commissioners is present, may1255

summarily suspend any casino gaming license for a period of not more than 90 days1256

pending a hearing and final determination by the commission if the commission determines1257

that emergency action is required to protect the public health, safety, and welfare,1258

including, but not limited to, revenues due the commission and this state and the political1259

subdivisions thereof. The commission shall schedule a hearing within 14 business days1260

after the license is summarily suspended and notify the licensee not less than five business1261

days before the hearing of the date, time, and place of the hearing.1262

(d) Deliberations of the commission shall be conducted pursuant to the regulations,1263

policies, and procedures developed by the commission. If any casino gaming license is1264

suspended or revoked, the commission shall state the reasons for doing so, which shall be1265

entered into the record. Such suspension or revocation shall be final unless appealed in1266

accordance with Code Section 50-39-30. Suspension or revocation of a license by the1267

commission for any violation shall not preclude criminal liability for such violation.1268

(e) Any license revoked or surrendered in accordance with the provisions of this chapter1269

or any regulations, policies, or procedures of the commission shall revert to the state for1270

future reissuance.1271

50-39-30.1272

(a) Any licensee that has a casino gaming license revoked or suspended or an applicant1273

who has been found unsuitable may appeal the decision of the commission to the Superior1274

Court of Fulton County within a period of seven days from the commission's1275

16 LC 36 3043S

H. B. 677 (SUB)- 37 -

determination. Such appellate review shall be conducted by the court and shall be confined1276

to the record presented by the commission.1277

(b) The Superior Court of Fulton County shall not substitute its judgment for that of the1278

commission or the commissioners on matters of discretion expressly delegated to the1279

commission and the commissioners under this chapter and any other law of this state.1280

Likewise, the court shall not substitute its judgment for that of the commission or the1281

commissioners on matters of interpretation associated with the evaluation of facts presented1282

in an application for a casino gaming license. The court may, however, review the record1283

presented by the commission to ascertain whether an applicant's rights have been1284

prejudiced because the commission's licensing determination is clearly:1285

(1) In violation of state constitutional or statutory provisions;1286

(2) In excess of the statutory authority of the commission;1287

(3) Made upon unlawful regulations, policies, or procedures;1288

(4) Affected by other error of law;1289

(5) Not reasonably supported by substantial evidence in view of the reliable and1290

probative evidence in the record as a whole; or1291

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted1292

exercise of discretion.1293

(c) Appeal from any final judgment of the Superior Court of Fulton County with regard1294

to a licensing revocation or suspension decision made by the commission may be taken by1295

any party, including the commission, in the manner provided for in civil actions generally.1296

50-39-31.1297

(a) The commission shall have all necessary authority to review and monitor changes in1298

the ownership structure of casino gaming licensees, including, but not limited to, the1299

following: the addition of new partners, members, and principal stockholders to the1300

ownership structure of existing licensees; changes in operational or financial control within1301

existing licensees; and transfers of partial ownership interests in existing licensees. In1302

conjunction with this authority, the commission shall have the power to adopt and1303

promulgate those regulations, policies, and procedures necessary or convenient to1304

guarantee that all such changes in the ownership structures of existing licensees comply1305

with the requirements of this chapter, the regulations, policies, and procedures of the1306

commission, and otherwise align with the general public interest. Any regulations,1307

policies, and procedures adopted and promulgated by the commission in accordance with1308

this subsection shall be in addition to the specific requirements set forth in subsections (b)1309

through (e) of this Code section.1310

16 LC 36 3043S

H. B. 677 (SUB)- 38 -

(b) The commission shall require any person desiring to become a new partner, member,1311

or principal stockholder of an existing licensee or any person seeking to gain operational1312

or financial control over an existing licensee to apply to the commission for approval1313

thereof and may require such information of the applicant as it finds necessary. The1314

commission shall consider such application forthwith and shall approve or deny the1315

application within 60 days of receipt. The commission shall approve an application that1316

meets the criteria set forth in this chapter. The commission shall deny such application if1317

in its judgment the proposed acquisition by the applicant would be detrimental to the public1318

interest or to the honesty, integrity, and reputation of casino gaming in this state. In1319

situations involving an application to acquire actual control over an existing licensee, the1320

commission shall only approve such application if it finds that the applicant meets the1321

criteria set forth in subsection (c) of this Code section.1322

(c) If an applicant proposes to acquire operational or financial control, or both, of an1323

existing licensee, such person shall, pursuant to subsection (b) of this Code section, submit1324

to the commission its proposal for the future operation of any existing or planned licensed1325

resort facility owned or operated by the licensee and such information as may be required1326

by the commission to assure the commission that the licensee, under the actual control of1327

such person, will have the experience, expertise, financial responsibility, and commitment1328

to comply with the following:1329

(1) The provisions of this chapter;1330

(2) All commission regulations, policies, and procedures and orders;1331

(3) All requirements for continued operation of the existing licensed resort facility1332

pursuant to the terms and conditions in effect on the date of application for the license at1333

issue; and1334

(4) All plans and specifications contained in the proposal and application submitted to1335

the commission by the existing licensee when obtaining the license at issue.1336

The provisions of this subsection shall apply regardless of whether the control acquired1337

over the existing licensee is direct or indirect, or whether the acquisition is accomplished1338

individually or in concert with others.1339

(d) Any acquisition of financial or operational control, or both, over an existing licensee1340

without prior approval of the commission shall be grounds for the commission to revoke1341

any license it has issued to such licensee, order compliance with this Code section, or take1342

any other action as may be appropriate within the discretion and authority of the1343

commission.1344

(e) The requirements of this Code section shall be in addition to, and shall in no way1345

impair, the regulatory permitting provisions set forth in Part 2 of this article. As such, all1346

individuals who are approved to become a new partner, member, or principal stockholder1347

16 LC 36 3043S

H. B. 677 (SUB)- 39 -

of an existing licensee, or acquire new financial or operational control, or both, over an1348

existing licensee, shall also be subject to all applicable regulations, policies, and procedures1349

for regulatory permitting developed by the commission in accordance with Part 2 of this1350

article.1351

50-39-32.1352

The commission shall not award any casino gaming license to any applicant for any1353

destination resort within this state until a referendum approving the question set forth1354

herein is held in each county, municipality, or consolidated government of this state in1355

which such resort facility is to be located. Such a referendum shall be conducted in the1356

following manner:1357

(1) The governing authority of any county, or municipality, or consolidated government1358

in this state may allow casino gaming at a licensed resort facility within its jurisdiction1359

if the establishment of such a facility is approved by referendum as provided in this Code1360

section;1361

(2) Any governing authority of any county, municipality, or consolidated government1362

in this state desiring to allow casino gaming at a destination resort within its jurisdiction1363

pursuant to paragraph (1) of this Code section shall so provide by proper resolution or1364

ordinance for the authorization of casino gaming at such a destination resort located1365

within its boundaries, provided that such authorization is approved by public referendum.1366

Upon passage of such a resolution or ordinance, the governing authority of the county,1367

municipality, or consolidated government shall provide such election superintendent of1368

the jurisdiction with a copy of the resolution or ordinance. Upon receipt of the resolution1369

or ordinance, such election superintendent shall issue the call and shall conduct a special1370

election in accordance with Chapter 2 of Title 21 to submit the referendum question to1371

the electors of the jurisdiction. Such election shall be held on the next available day1372

under Code Section 21-2-540 that is at least 60 days after the date on which the resolution1373

or ordinance was delivered to the election superintendent but shall not be later than the1374

next general election unless such general election is within 60 days of the date on which1375

the resolution or ordinance was delivered to the election superintendent;1376

(3) The election superintendent shall cause the date and purpose of the special election1377

to be published once a week for four weeks immediately preceding the date of the special1378

election in the official legal organ of the county, municipality, or consolidated1379

government; and1380

(4) Each ballot used in the special election shall contain the following written or printed1381

question:1382

16 LC 36 3043S

H. B. 677 (SUB)- 40 -

'( ) YES1383

( ) NO1384

1385

1386

1387

1388

1389

1390

Shall the governing authority of (name of county, municipality, or

consolidated government) be authorized to permit the establishment of

a destination resort within (name of county, municipality, or consolidated

government) where casino gaming is permitted, which will provide

(name of county, municipality, or consolidated government) with new job

opportunities and economic benefit and which will provide the state with

a new source of revenues to preserve the future financial stability of the

HOPE scholarship program and other educational programs?'

All persons desiring to vote for approval of the question shall vote 'Yes' and all persons1391

desiring to vote for rejection of the question shall vote 'No'. If more than one-half of the1392

votes cast on the question are for approval, then such question shall be approved and1393

casino gaming shall be approved and may be conducted at licensed resort facilities1394

located in such county, municipality, or consolidated government. If the question is not1395

so approved or if the election is not conducted as provided in this Code section, then1396

casino gaming shall not be approved and shall not be conducted in such county,1397

municipality, or consolidated government. The expense of such special election shall be1398

borne by the county, municipality, or consolidated government which adopts the1399

resolution or ordinance pursuant to paragraph (2) of this Code section. It shall be the1400

duty of the election superintendent of the county, municipality, or consolidated1401

government to certify the result of the special election to the Secretary of State. No such1402

referendum shall be held more often than once every three years in the same county,1403

municipality, or consolidated government. A subsequent referendum shall be required1404

in a county, municipality, or consolidated government if a casino gaming license has not1405

been granted by the commission in that locality within five years of the certification of1406

a special election approving such question.1407

50-39-33.1408

(a) As provided in paragraph (17) of subsection (a) of Code Section 50-39-24, when1409

evaluating casino gaming license applicants for the potential award of a casino gaming1410

license under this chapter, the commission shall be obligated to consider the degree to1411

which there is evidence of local support and community engagement from the county,1412

municipality, or consolidated government in this state where the applicant seeks to1413

establish its licensed resort facility. In light of this obligation, the commission shall have1414

all necessary authority and power to communicate with officials in potential host1415

communities throughout this state for the purpose of gathering information about their1416

prospective support or opposition for a particular licensed resort facility proposed by an1417

applicant. When communicating with county, municipal, or consolidated government1418

16 LC 36 3043S

H. B. 677 (SUB)- 41 -

officials on such matters, the commission shall note whether officials elicit any preferences1419

for certain applicants and attempt to discern the reasoning behind such preferences,1420

including whether or not a prospective applicant has promised to provide certain benefits1421

to the host community if awarded a casino gaming license.1422

(b) Any information gathered by the commission in accordance with subsection (a) of this1423

Code section indicating that a prospective applicant has promised to provide certain1424

benefits to its potential host community if awarded a casino gaming license, or has already1425

entered into a formal community benefit agreement with its potential host community, shall1426

be considered by the commission when evaluating the casino gaming license application1427

of a potential licensee. Given the fact that formal and informal community benefit1428

agreements invade upon the exclusive licensing, regulation, collection of gross gaming1429

revenues, and other authority of the commission with regard to casino gaming in this state,1430

the commission shall be permitted to draw a negative inference against applicants who1431

engage in such arrangements or agreements when evaluating casino gaming license1432

applications.1433

(c) As set forth in this chapter, the licensing, regulation, and collection of gross gaming1434

revenues of casino gaming in this state shall be the express province of the commission.1435

In turn, no county, municipality, or consolidated government of this state shall enter into1436

any agreement or arrangement with a licensee or potential licensee that obligates such1437

licensee or potential licensee to submit to any local casino gaming licensing or regulatory1438

structures or to the payment of any funds, fees, levies, assessments, valuations, charges,1439

duties, or other amounts not otherwise required of noncasino gaming businesses operating1440

in the county, municipality, or consolidated government.1441

50-39-34.1442

Although the power to license, regulate, and collect certain revenues of casino gaming in1443

this state is vested with the commission, the governing authority of any county,1444

municipality, or consolidated government in this state shall be authorized to enact and1445

enforce certain ordinance provisions that do not encroach on state authority in the area of1446

casino gaming. Such acceptable provisions may include any or all of the following:1447

(1) Ordinances providing for zoning restrictions related to distance from specified1448

structures and uses so long as the distance requirements and use restrictions applied to1449

licensed resort facilities are no more restrictive, onerous, or expensive than the1450

requirements and restrictions applicable to all hotels and resorts located within the1451

jurisdiction;1452

(2) Ordinances providing for the procurement and public display of a business license1453

at a licensed resort facility by a licensee, provided that such requirements are no more1454

16 LC 36 3043S

H. B. 677 (SUB)- 42 -

restrictive, onerous, or expensive than the requirements faced by all hotels and resorts1455

located within the jurisdiction;1456

(3) Ordinances providing for the procurement of a local alcohol license by a licensee for1457

a licensed resort facility, provided that such requirements are no more restrictive,1458

onerous, or expensive than the requirements faced by all hotels and resorts located within1459

the jurisdiction that are licensed to sell and serve alcoholic beverages;1460

(4) Ordinances providing for adherence of a licensed resort facility to local fire and1461

safety codes, provided that such requirements are no more restrictive, onerous, or1462

expensive than the requirements faced by all hotels and resorts located within the1463

jurisdiction; and1464

(5) Ordinances eliminating any statutory or regulatory restrictions on the ability of1465

licensed resort facilities to operate on a 24 hour basis for all legal purposes, including, but1466

not limited to, casino gaming, hotel and hospitality operations, and the sale and service1467

of food and alcoholic beverages.1468

50-39-35.1469

(a) Licensees shall pay 20 percent of the annual gross gaming revenue generated at the1470

licensed resort facility to the commission in accordance with regulations, policies, and1471

procedures of the commission.1472

(b) Prior to the implementation of this annual payment of a percentage on gross gaming1473

revenue generated by licensees, the commission shall develop appropriate processes and1474

regulations, policies, and procedures for the collection of such proceeds and for the1475

enforcement of delinquencies and violations.1476

(c) The commission shall transfer to the Casino Gaming Education Account all amounts1477

of gross gaming revenues collected pursuant to this Code section within seven days of1478

receipt.1479

(d) The collection of gross gaming revenue generated by licensees under this chapter shall1480

be the exclusive province of the commission. In turn, no gross gaming revenue tax or other1481

similar levy on gaming revenue generated by licensees may be implemented by a county,1482

municipality, or consolidated government in this state.1483

(e) All sales of gambling games authorized under this chapter shall be exempt from any1484

and all sales taxes imposed by state or local law.1485

50-39-36.1486

All casino gaming conducted in this state shall be regulated, licensed, subjected to revenue1487

collection, or taxed only in accordance with the provisions of this chapter and the1488

regulations, policies, and procedures of the commission and shall not be subject to any1489

16 LC 36 3043S

H. B. 677 (SUB)- 43 -

licensing requirements, regulatory considerations, revenue collection, or taxes already1490

placed on bona fide coin-operated amusement machines pursuant to Chapter 27 of this title1491

or any other state or local law or rules, regulations, ordinances, or resolutions.1492

Part 21493

50-39-40.1494

(a)(1) The commission may establish by regulations, policies, and procedures for the1495

regulatory permitting of certain officers, directors, members, partners, and stockholders1496

of casino gaming licensees, as well as certain other persons who are likely to have1497

significant influence over the casino gaming operations of such licensees.1498

(2) In the context of licensees that are publicly traded corporations, the commission may1499

establish by regulations, policies, and procedures for the regulatory permitting of all1500

officers, directors, and employees whom the commission determines are actively and1501

directly engaged or involved in the administration or supervision of the casino gaming1502

activities of a licensee.1503

(3) In the context of licensees that are corporations that are not publicly traded, the1504

commission may establish by regulations, policies, and procedures for the regulatory1505

permitting of all officers and directors of a licensee. The commission may also, if the1506

commission finds that such is in the public interest, expand such regulatory permitting1507

to a corporate licensee's stockholders, lenders, holders of evidence of indebtedness,1508

underwriters, key executive personnel, and other similar persons.1509

(4) In the context of licensees that are limited liability companies that are not publicly1510

traded, the commission may establish by regulations, policies, and procedures for the1511

regulatory permitting of all limited liability company members with more than a 51512

percent ownership interest in a licensee. The commission may also, if the commission1513

finds that such is in the public interest, expand such regulatory permitting to certain1514

limited liability company members with ownership interests of 5 percent or less in a1515

licensee. In such circumstances, the commission may also expand its regulatory1516

permitting to a limited liability company licensee's lenders, holders of evidence of1517

indebtedness, underwriters, key executive personnel, and other similar persons.1518

(5) In the context of licensees that are partnerships, the commission may establish by1519

regulations, policies, and procedures for the regulatory permitting of all general partners1520

of a licensee or all limited partners with more than a 5 percent ownership interest in a1521

licensee. The commission may also, if the commission finds that such is in the public1522

interest, expand such regulatory permitting to certain limited partners with ownership1523

interests of 5 percent or less in a licensee. In such circumstances, the commission may1524

16 LC 36 3043S

H. B. 677 (SUB)- 44 -

also expand its regulatory permitting to a partnership licensee's lenders, holders of1525

evidence of indebtedness, underwriters, key executive personnel, and other similar1526

persons.1527

(6) In the context of licensees that are neither corporations, limited liability corporations,1528

nor partnerships, the commission may establish by regulations, policies, and procedures1529

for the regulatory permitting of any employee, agent, guardian, personal representative,1530

lender, or holder of indebtedness of a licensee who, in the opinion of the commission, has1531

the power to exercise significant influence over the licensee's casino gaming operations1532

in this state.1533

(b) The commission may establish by regulations, policies, and procedures for the1534

regulatory permitting of individuals working at licensed resort facilities as either employees1535

or temporary permitted employees or independent contractors in the following capacities:1536

(1) Security and surveillance personnel;1537

(2) Gaming employees; and1538

(3) All other personnel of any licensee whom the commission deems necessary to1539

regulate and permit so as to ensure honesty and integrity in casino gaming within this1540

state, provided that such persons are not exempted from regulation or permitting by1541

regulations, policies, and procedures of the commission.1542

(c) When establishing by regulations, policies, and procedures for the regulation and1543

permitting of persons described in subsections (a) and (b) of this Code section, the1544

commission shall at least develop protocols for permit application, issuance, renewal,1545

suspension, and revocation. In the case of applicants for permits described in1546

subsection (b) of this Code section, the commission shall create a process by which such1547

applicants can work as temporary permitted employees or independent contractors during1548

the period of time, not to exceed 120 days, in which their permit applications are being1549

reviewed and processed by the commission. Additionally, the commission may create a1550

process by which unsuccessful permit applicants under this Code section can appeal any1551

negative rulings issued by the commission. The regulations, policies, and procedures1552

developed by the commission under this Code section may also provide for the assessment1553

of minor civil penalties against those persons who violate the requirements of this chapter1554

or any regulations, policies, and procedures adopted by the commission.1555

(d) The commission shall transfer to the Casino Gaming Education Account any1556

application fees or other amounts collected for the issuance of any permits under this Code1557

section within seven days of receipt.1558

16 LC 36 3043S

H. B. 677 (SUB)- 45 -

50-39-41.1559

(a) The commission may establish by regulations, policies, and procedures for a permitting1560

process governing casino gaming vendors who supply any gaming device or any equipment1561

used in gambling games to any licensed resort facilities. When establishing by regulations,1562

policies, and procedures for the regulation and permitting of such vendors, the commission1563

shall at least develop protocols for permit application, issuance, renewal, suspension, and1564

revocation. Additionally, the commission may create a process by which applicants that are1565

denied permits can appeal any negative rulings issued by the commission. The regulations,1566

policies, and procedures developed by the commission pursuant to this Code section may1567

also provide for the assessment of minor civil penalties against those persons who violate1568

the requirements of this chapter or any regulations, policies, and procedures adopted by the1569

commission.1570

(b) The commission shall transfer to the Casino Gaming Education Account any1571

application fees or other amounts collected for the issuance of any permits under this Code1572

section within seven days of receipt.1573

50-39-42.1574

(a) The commission shall establish regulations, policies, and procedures governing the1575

approval and operation of inter-casino linked systems and the permitting of the operators1576

of inter-casino linked systems at licensed resort facilities.1577

(b) The commission shall, without limitation, include in such regulations, policies, and1578

procedures the following:1579

(1) Standards for the approval and operation of inter-casino linked systems;1580

(2) Requirements for the:1581

(A) Operator of an inter-casino linked system to disclose to the commission and1582

licensees on a confidential basis the rate of progression of the primary jackpot meter;1583

and1584

(B) Establishment of a minimum rate of progression of the primary jackpot meter;1585

(3) Criteria for multiple permitting of inter-casino linked systems and the operators of1586

inter-casino linked systems; and1587

(4) Procedures and criteria for regular auditing of the regulatory compliance of an1588

operator of an inter-casino linked system.1589

(c) The commission shall transfer to the Casino Gaming Education Account any1590

application fees or other amounts collected for the issuance of any permits under this Code1591

section within seven days of receipt.1592

16 LC 36 3043S

H. B. 677 (SUB)- 46 -

ARTICLE 31593

50-39-60.1594

(a) A separate account is hereby created in the state treasury that shall be known as the1595

Casino Gaming Education Account. The Casino Gaming Education Account shall be the1596

repository of all revenue and proceeds derived from the following sources associated with1597

casino gaming in this state which shall be collected and transferred by the commission:1598

(1) Civil penalties levied against licensees and other parties regulated by the commission1599

collected and transferred in accordance with Code Section 50-39-90;1600

(2) All proceeds generated by the collection and transfer of 20 percent of the gross1601

gaming revenue of licensed resort facilities in accordance with Code Section 50-39-35;1602

(3) All permitting fees collected and transferred in accordance with Part 2 of Article 21603

of this chapter; and1604

(4) All other regulatory fees collected and transferred in accordance with the regulations,1605

policies, and procedures of the commission.1606

(b) Except for the percentage of funds that shall be provided annually to the commission1607

as required pursuant to Article I, Section II, Paragraph VII of the Constitution of Georgia1608

and Code Section 50-39-61, all funds contained within the Casino Gaming Education1609

Account shall be unencumbered property of the state and shall be invested by the state1610

treasurer in accordance with state investment practices. Except for the percentage of funds1611

that shall be provided annually to the commission as required pursuant to Article I, Section1612

II, Paragraph VII of the Constitution of Georgia and Code Section 50-39-61, all earnings1613

attributable to such investments shall be the unencumbered property of the state and shall1614

accrue to the credit of the Casino Gaming Education Account.1615

50-39-61.1616

(a) Funds contained within the Casino Gaming Education Account shall only be1617

appropriated, dispensed, and utilized in accordance with the requirements of Article I,1618

Section II, Paragraph VIII of the Constitution of Georgia. As required by those provisions,1619

the proceeds contained within the Casino Gaming Education Account shall only be1620

appropriated, dispensed, or utilized as set forth in this Code section for the:1621

(1) Payment of operating expenses associated with the regulation of casino gaming by1622

the commission;1623

(2) Funding of state resources for the treatment of problem gaming issues;1624

(3) Financial support of counties, municipalities, or consolidated governments hosting1625

licensed resort facilities for casino gaming; and1626

(4) Funding of educational programs and purposes.1627

16 LC 36 3043S

H. B. 677 (SUB)- 47 -

(b)(1) Each fiscal year, the Governor of this state shall specifically identify in his or her1628

annual budget presented to the General Assembly a budget category entitled 'Casino1629

Gaming Proceeds,' which shall match the expected annual proceeds contained within the1630

Casino Gaming Education Account. Within the budget category for Casino Gaming1631

Proceeds, the Governor shall make specific recommendations for how such proceeds1632

shall be distributed among the following budget subcategories:1633

(2)(A) The payment of the commission's operating expenses associated with the1634

regulation of casino gaming; provided, however, that the funding recommendation of1635

the Governor as to such payment shall not be less than 1 percent nor more than 51636

percent of the proceeds deposited in the Casino Gaming Education Account in a given1637

fiscal year.1638

(B) The funding of the Georgia Problem Gaming Assistance Fund; provided, however,1639

that the funding recommendation shall not be less than 1 percent nor more than 21640

percent of the proceeds deposited in the Casino Gaming Education Account in a given1641

fiscal year.1642

(C) The funding of the Georgia Licensed Resort Facility Host Community Fund;1643

provided, however, that the funding recommendation presented by the Governor shall1644

not be less than 1 percent nor more than 3 percent of the total proceeds deposited in the1645

Casino Gaming Education Account in a given fiscal year.1646

(D) The funding of educational programs and purposes; provided, however, that the1647

funding recommendations presented by the Governor with regard to educational1648

programs and purposes shall at all times constitute at least 90 percent of the total1649

proceeds deposited in the Casino Gaming Education Account in a given fiscal year;1650

provided, further, that such educational funding shall only be provided for the following1651

programs and purposes:1652

(i) The HOPE scholarship program;1653

(ii) Other tuition grants, scholarships, or loans to citizens of this state to enable such1654

citizens to attend colleges and universities located within this state, regardless of1655

whether such colleges and universities are operated by the Board of Regents of the1656

University System of Georgia, or to attend institutions operated under the authority1657

of the Technical College System of Georgia;1658

(iii) Voluntary pre-kindergarten; and1659

(iv) One or more educational shortfall reserves in a total amount of not more than 51660

percent of the proceeds deposited into the Casino Gaming Education Account for the1661

preceding fiscal year;1662

16 LC 36 3043S

H. B. 677 (SUB)- 48 -

provided, however, that no funds shall be recommended for the items listed in divisions1663

(ii) through (iv) of this subparagraph until the HOPE scholarship program has been1664

fully funded.1665

(c)(1) Upon consideration of the budgetary recommendations provided by the Governor,1666

in the General Appropriations Act adopted each fiscal year, the General Assembly shall1667

appropriate all 'Casino Gaming Proceeds' by separate category for the following1668

purposes: the funding of educational programs and purposes, the payment of commission1669

operating expenses associated with the regulation of casino gaming, the funding of the1670

Georgia Problem Gaming Assistance Fund, and the funding of the Georgia Licensed1671

Resort Facility Host Community Fund.1672

(2)(A) The General Assembly's appropriation of funds to the commission for the1673

payment of its operating expenses associated with the regulation of casino gaming shall1674

not be less than 1 percent nor more than 5 percent of the total proceeds deposited in the1675

Casino Gaming Education Account in a given fiscal year.1676

(B) The General Assembly's appropriation of funds to the Georgia Problem Gaming1677

Assistance Fund shall not be less than 1 percent nor more than 2 percent of the total1678

proceeds deposited in the Casino Gaming Education Account in a given fiscal year.1679

(C) The General Assembly's appropriation of funds for the Georgia Licensed Resort1680

Facility Host Community Fund shall not be less than 1 percent nor more than 3 percent1681

of the total proceeds deposited in the Casino Gaming Education Account in a given1682

fiscal year.1683

(D) The General Assembly's appropriation of funds for educational programs and1684

purposes shall at all times constitute at least 90 percent of the total proceeds deposited1685

in the Casino Gaming Education Account in a given fiscal year. As demanded by the1686

Constitution of Georgia, the General Assembly's appropriation of funds for educational1687

programs and purposes shall be limited to financial support for the following:1688

(i) The HOPE scholarship program;1689

(ii) Other tuition grants, scholarships, or loans to citizens of this state to enable such1690

citizens to attend colleges and universities located within this state, regardless of1691

whether such colleges and universities are operated by the Board of Regents of the1692

University System of Georgia, or to attend institutions operated under the authority1693

of the Technical College System of Georgia;1694

(iii) Voluntary pre-kindergarten; and1695

(iv) One or more educational shortfall reserves in a total amount of not more than 51696

percent of the proceeds deposited into the Casino Gaming Education Account for the1697

preceding fiscal year;1698

16 LC 36 3043S

H. B. 677 (SUB)- 49 -

provided, however, that no funds shall be appropriated for the items listed in divisions1699

(ii) through (iv) of this subparagraph until the HOPE scholarship program has been1700

fully funded.1701

(d) Each fiscal year, the state treasurer shall transfer to the designated recipients the1702

portion of the funds contained within the Casino Gaming Proceeds specifically1703

appropriated from the Casino Gaming Education Account pursuant to the General1704

Appropriations Act. The timing and process of such transfers shall be in accordance with1705

traditional state budgetary and appropriation principles.1706

50-39-62.1707

(a) The commission shall establish an Advisory Committee on Problem Gaming,1708

consisting of seven members, to advise it on matters associated with problem gaming.1709

(b) The Governor shall appoint the following individuals as members of the advisory1710

committee:1711

(1) Two representatives from current casino gaming licensees upon the issuance of any1712

casino gaming licenses;1713

(2) Two individuals who work in the area of mental health, at least one of whom has1714

experience in the treatment of individuals who are problem gamblers;1715

(3) One individual who represents the Department of Behavioral Health and1716

Developmental Disabilities and has experience in the prevention or treatment of problem1717

gaming; and1718

(4) Two individuals who represent organizations that provide assistance to individuals1719

who are problem gamblers.1720

(c) No vacancy in the membership of the advisory committee shall impair the right of the1721

committee to exercise all the powers and perform all the duties of the commission.1722

(d) Members shall serve without compensation for a term to be established by the1723

commission. Any member appointed to the advisory committee who is an officer or1724

employee of this state or a political subdivision of this state shall be relieved of his or her1725

duties without loss of his or her regular compensation so that he or she may prepare for and1726

attend meetings of the advisory committee and perform any work necessary to carry out1727

the duties of the advisory committee in the most timely manner practicable. A state agency1728

or political subdivision of this state shall not require an officer or employee who is a1729

regular member of the advisory committee to:1730

(1) Make up the time he or she is absent from work to carry out his or her duties as a1731

regular member of the advisory committee; or1732

(2) Take annual leave or compensatory time for such absence.1733

(e) The advisory committee shall:1734

16 LC 36 3043S

H. B. 677 (SUB)- 50 -

(1) At its first meeting and annually thereafter, elect a chairperson from among its1735

regular members;1736

(2) Meet at the call of the commission, the chairperson of the advisory committee, or a1737

majority of the advisory committee members as necessary, within the budget of the1738

advisory committee, but not to exceed six meetings per year; and1739

(3) Adopt rules and procedures for its management and government.1740

(f) The advisory committee shall have such powers and duties as set by the commission,1741

which may include the following:1742

(1) Reviewing each request received by the commission from a state agency or other1743

political subdivision of this state or from an organization or educational institution for a1744

grant of money or a contract for services to provide programs for the prevention and1745

treatment of problem gaming or to provide services related to the development of data,1746

the assessment of needs, the performance of evaluations, or technical assistance;1747

(2) Recommending to the commission each request received pursuant to paragraph (1)1748

of this subsection that the advisory committee believes should be awarded;1749

(3) Establishing criteria for determining which state agencies and other political1750

subdivisions of this state and organizations and educational institutions to recommend for1751

grants of money or contracts for services pursuant to paragraph (2) of this subsection;1752

(4) Monitoring each grant of money awarded by the commission to provide programs for1753

the prevention and treatment of problem gaming or to provide services related to the1754

development of data, the assessment of needs, the performance of evaluations, or1755

technical assistance;1756

(5) Assisting the commission in determining the needs of local communities and in1757

establishing priorities for funding programs for the prevention and treatment of problem1758

gaming and funding services related to the development of data, the assessment of needs,1759

the performance of evaluations, or technical assistance; and1760

(6)(A) Appointing subcommittees consisting of members of the advisory committee,1761

former members of the advisory committee, and members of the public who have1762

appropriate experience or knowledge to:1763

(i) Consider specific problems or other matters that are related to and within the1764

scope of activities of the advisory committee; and1765

(ii) Review requests for grants of money or contracts for services related to specific1766

programs for the prevention and treatment of problem gaming or services related to1767

the development of data, the assessment of needs, the performance of evaluations, or1768

technical assistance.1769

(B) Subcommittee members shall serve without compensation.1770

16 LC 36 3043S

H. B. 677 (SUB)- 51 -

50-39-63.1771

(a) An account is hereby created within the state general fund that shall be known as the1772

Georgia Problem Gaming Assistance Fund. The Georgia Problem Gaming Assistance1773

Fund shall be administered by the commission.1774

(b) As provided in Code Section 50-39-61, annual funding for the Georgia Problem1775

Gaming Assistance Fund shall be appropriated by the General Assembly from the Casino1776

Gaming Education Account.1777

(c) The money in the Georgia Problem Gaming Assistance Fund shall be expended:1778

(1) To award grants of money or contracts for services to state agencies and other1779

political subdivisions of this state or to organizations or educational institutions to1780

provide programs for the prevention and treatment of problem gaming or to provide1781

services related to the development of data, the assessment of needs, the performance of1782

evaluations, or technical assistance; and1783

(2) For any other purpose authorized by law.1784

(d) The existence of the Georgia Problem Gaming Assistance Fund shall not create a right1785

in any state agency or other political subdivision of this state or in any organization or1786

educational institution to receive money from the Georgia Problem Gaming Assistance1787

Fund.1788

(e) The commission may apply for and accept any gift, donation, bequest, grant, or other1789

source of money. Any money so received shall be deposited in the Georgia Problem1790

Gaming Assistance Fund. The interest and income earned on money in the Georgia1791

Problem Gaming Assistance Fund from any gift, donation, or bequest, after deducting any1792

applicable charges, shall be credited to the Georgia Problem Gaming Assistance Fund.1793

Money from any gift, donation, or bequest that remains in the Georgia Problem Gaming1794

Assistance Fund at the end of the fiscal year shall not revert to the state general fund, and1795

the balance in the Georgia Problem Gaming Assistance Fund shall be carried forward to1796

the next fiscal year.1797

(f) The commission shall adopt any and all necessary regulations, policies, and procedures1798

to carry out the provisions of this Code section which shall include, but shall not be limited1799

to:1800

(1) The procedure by which a state agency or other political subdivision of this state or1801

an organization or educational institution may apply for a grant of money or a contract1802

for services to be paid from the Georgia Problem Gaming Assistance Fund;1803

(2) The criteria that the commission shall consider in determining whether to award a1804

grant of money or a contract for services to be paid from the Georgia Problem Gaming1805

Assistance Fund; and1806

16 LC 36 3043S

H. B. 677 (SUB)- 52 -

(3) The procedure used by the commission to ensure that the money in the Georgia1807

Problem Gaming Assistance Fund is distributed in a fair and equitable manner.1808

50-39-64.1809

(a) An account is hereby created within the state general fund that shall be known as the1810

Georgia Licensed Resort Facility Host Community Fund. The Georgia Licensed Resort1811

Facility Host Community Fund shall be administered by the commission.1812

(b) As provided in Code Section 50-39-61, annual funding for the Georgia Licensed Resort1813

Facility Host Community Fund shall be appropriated by the General Assembly from the1814

Casino Gaming Education Account.1815

(c) The money in the Georgia Licensed Resort Facility Host Community Fund shall be1816

expended to provide local impact grants only to those counties, municipalities, and1817

consolidated governments within this state that host licensed resort facilities where casino1818

gaming is permitted. Such local impact grants shall be made, at the discretion of the1819

commission, only for the following purposes:1820

(1) To fund infrastructure and transportation improvement projects within a five-mile1821

radius of the licensed resort facility in the host county, municipality, or consolidated1822

government;1823

(2) To fund school construction projects and educational programs in the host county,1824

municipality, or consolidated government;1825

(3) To fund economic and community development projects in the host county,1826

municipality, or consolidated government;1827

(4) To fund public safety projects and police, fire, and emergency service activities1828

within a five-mile radius of the licensed resort facility in the host county, municipality,1829

or consolidated government;1830

(5) To fund sanitation projects within the host county, municipality, or consolidated1831

government; and1832

(6) To fund all other projects that the General Assembly may otherwise designate as1833

permissible.1834

(d) When a licensed resort facility in this state is located within the boundaries of both a1835

county and independent municipality, both the county and municipality shall be entitled1836

to apply for a local impact grant as set forth in this Code section. Similarly, when a1837

licensed resort facility is situated in multiple counties, municipalities, or consolidated1838

governments, all such counties, municipalities, or consolidated governments where the1839

licensed resort facility's property is located shall be entitled to apply for a local impact1840

grant as set forth in this Code section.1841

16 LC 36 3043S

H. B. 677 (SUB)- 53 -

(e) The existence of the Georgia Licensed Resort Facility Host Community Fund shall not1842

create a right for any host county, municipality, or consolidated government to receive1843

money from the Georgia Licensed Resort Facility Host Community Fund.1844

(f) Money contained in the Georgia Licensed Resort Facility Host Community Fund at the1845

end of the fiscal year shall not revert to the state general fund, and the balance in the1846

Georgia Licensed Resort Facility Host Community Fund shall be carried forward to the1847

next fiscal year.1848

(g) The commission shall adopt any and all necessary regulations, policies, and procedures1849

to carry out the provisions of this Code section. The regulations, policies, and procedures1850

adopted by the commission shall include, but shall not be limited to:1851

(1) The procedure by which a host county, municipality, or consolidated government1852

may apply for a local impact grant of money from the Georgia Licensed Resort Facility1853

Host Community Fund;1854

(2) The criteria that the commission shall consider in determining whether to award a1855

local impact grant of money from the Georgia Licensed Resort Facility Host Community1856

Fund; and1857

(3) The procedure used by the commission to ensure that the money in the Georgia1858

Licensed Resort Facility Host Community Fund shall be distributed in a fair and1859

equitable manner.1860

ARTICLE 41861

50-39-80.1862

(a) A credit instrument accepted by a licensee on or after the effective date of this chapter1863

and the debt that the credit instrument represents are valid and may be enforced by the legal1864

process.1865

(b) A licensee under this chapter may accept an incomplete credit instrument which is1866

signed by a patron and states the amount of the debt in figures and may complete the1867

instrument as necessary for the instrument to be presented for payment.1868

(c) A licensee:1869

(1) May accept a credit instrument that is payable to an affiliated company or may1870

complete a credit instrument in the name of an affiliated company as payee if the credit1871

instrument otherwise complies with this Code section and the records of the affiliated1872

company pertaining to the credit instrument are made available to agents of the1873

commission upon request; and1874

(2) May accept a credit instrument before, at the time, or after the patron incurs the debt.1875

The credit instrument and the debt that the credit instrument represents are enforceable1876

16 LC 36 3043S

H. B. 677 (SUB)- 54 -

without regard to whether the credit instrument was accepted before, at, or after the debt1877

is incurred.1878

(d) This Code section shall not prohibit the establishment of an account by a deposit of1879

cash, recognized traveler's check, or any other instrument which is equivalent to cash.1880

(e) The commission shall have all necessary authority to promulgate regulations, policies,1881

and procedures:1882

(1) Regarding the issuance of credit instruments by licensees; and1883

(2) Prescribing the conditions under which a credit instrument may be redeemed or1884

presented to a bank or credit union for collection or payment.1885

50-39-81.1886

The provisions of Code Section 13-8-3 regarding the illegality and nonenforceability of1887

gambling contracts and any debt associated therewith under state law shall not be1888

applicable to contracts or debt arising out of legal casino gaming activities conducted in1889

accordance with the requirements of this chapter and the regulations, policies, and1890

procedures of the commission.1891

50-39-82.1892

(a) Except as otherwise provided in this chapter or by the regulations, policies, and1893

procedures of the commission, gaming debts that are not evidenced by a credit instrument1894

shall be void and unenforceable and shall not give rise to any administrative or civil cause1895

of action.1896

(b) A claim by a patron of a licensee for payment of a gaming debt that is not evidenced1897

by a credit instrument may be resolved in accordance with the procedures set forth in this1898

chapter and any processes set forth in the regulations, policies, and procedures of the1899

commission.1900

50-39-83.1901

(a) The commission shall have all necessary authority to promulgate regulations, policies,1902

and procedures regarding the resolution of all disputes between casino patrons and1903

licensees or any persons acting on behalf of or in conjunction with licensees regarding:1904

(1) Alleged winnings, alleged losses, or the award or distribution of cash, prizes,1905

benefits, tickets, or any other item or items in a gambling game, tournament, contest,1906

drawing, promotion, or similar activity or event; and1907

(2) The manner in which a gambling game, tournament, contest, drawing, promotion, or1908

similar activity or event is conducted.1909

16 LC 36 3043S

H. B. 677 (SUB)- 55 -

(b) The regulations, policies, and procedures of the commission governing disputes1910

relating to gaming debts shall include, but shall not be limited to, the following:1911

(1) Preliminary investigation of disputes by the commission;1912

(2) Review and adjudication of disputes by a specified subcomponent of the commission;1913

(3) Review by the commission of any preliminary findings made by a specified1914

subcomponent of the commission during the review and adjudication stage of the dispute1915

resolution process;1916

(4) Judicial review of any findings made by the commission in accordance with the1917

dispute resolution process described in this Code section; and1918

(5) Payment of claims regarding resolved disputes.1919

50-39-84.1920

All licensees shall, in addition to maintaining full compliance with the obligations of this1921

chapter and the regulations, policies, and procedures of the commission, adhere to the1922

federal record-keeping, reporting, and compliance program demands required of casino1923

gaming operators by the Financial Crimes Enforcement Network (FinCEN) of the United1924

States Department of the Treasury. Such obligations include, but are not limited to,1925

adhering to the casino-specific requirements of the Bank Secrecy Act of 1970, as amended,1926

and its associated regulations in 31 C.F.R. Part 103.1927

ARTICLE 51928

50-39-90.1929

The commission may establish by regulations, policies, and procedures for the assessment1930

of minor civil penalties against persons who violate any of the requirements of this chapter1931

and any regulations, policies, and procedures adopted by the commission. Such civil1932

penalties shall be collected by the commission in accordance with the commission's1933

regulations, policies, and procedures and held in escrow by the commission or a financial1934

institution of its choosing until transferred to the Casino Gaming Education Account within1935

the state treasury. The transfer of such penalty funds to the Casino Gaming Education1936

Account shall take place on a monthly basis and shall be properly documented and1937

recorded by the commission.1938

50-39-91.1939

Any person who knowingly makes a false statement to the commission for the purposes of1940

obtaining a license under this chapter shall be guilty of a felony and, upon conviction1941

16 LC 36 3043S

H. B. 677 (SUB)- 56 -

thereof, shall be punished by a fine not to exceed $50,000.00, or by imprisonment for not1942

less than one nor more than ten years, or both.1943

50-39-92.1944

Any person not licensed in accordance with this chapter that knowingly operates any1945

facility where casino gaming is undertaken shall be guilty of a felony and, upon conviction1946

thereof, shall be punished by a fine not to exceed $100,000.00, or by imprisonment for not1947

less than one nor more than ten years, or both.1948

50-39-93.1949

(a) Any person other than the lawful holder thereof who is in possession of any license or1950

permit issued by the commission or a forged or simulated license or permit of the1951

commission and who uses such license or permit for the purposes of misrepresentation,1952

fraud, or touting shall be guilty of a felony and, upon conviction thereof, shall be punished1953

by a fine not to exceed $100,000.00, or by imprisonment of not less than one nor more than1954

ten years, or both.1955

(b) Any license or permit issued by the commission if used by the holder thereof for a1956

purpose other than for identification or for the performance of legitimate duties associated1957

with casino gaming shall be automatically revoked whether or not such use was inside or1958

outside of a licensed resort facility.1959

50-39-94.1960

(a) Any person who, with the intent to defraud, acts to alter the outcome of any table game1961

or slot machine through:1962

(1) The use of any device, electrical or otherwise, except those specifically permitted by1963

the regulations, policies, and procedures of the commission;1964

(2) The administration or introduction of any foreign substance or item; or1965

(3) Any other impermissible means under the regulations, policies, and procedures of the1966

commission1967

shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to1968

exceed $25,000.00, or by imprisonment for not less than one nor more than three years, or1969

both.1970

(b) Any person who, with the intent to defraud, influences or conspires with another to1971

alter the outcome of any table game or slot machine through:1972

(1) The use of any device, electrical or otherwise, except those specifically permitted by1973

the regulations of the commission;1974

(2) The administration or introduction of any foreign substance or item; or1975

16 LC 36 3043S

H. B. 677 (SUB)- 57 -

(3) Any other impermissible means under the regulations, policies, and procedures of the1976

commission1977

shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to1978

exceed $100,000.00, or by imprisonment for not less than one nor more than ten years, or1979

both.1980

(c) Any person who with the intent to defraud:1981

(1) Alters or misrepresents the outcome of a gambling game or other event on which1982

wagers have been made after the outcome is made sure but before it is revealed to the1983

players;1984

(2) Places, increases, or decreases a bet or to determine the course of play after acquiring1985

knowledge, not available to all players, of the outcome of the gambling game or any1986

event that affects the outcome of the gambling game or which is the subject of the bet or1987

to aid anyone in acquiring such knowledge for the purpose of placing, increasing, or1988

decreasing a bet or determining the course of play contingent upon that event or outcome;1989

(3) Claims, collects, or takes, or attempts to claim, collect, or take, money or anything1990

of value in or from a gambling game without having made a wager contingent thereon,1991

or to claim, collect, or take an amount greater than the amount won;1992

(4) Entices or induces another to go to any place where a gambling game is being1993

conducted or operated in violation of the provisions of this chapter, with the intent that1994

the other person play or participate in such gambling game;1995

(5) Places or increases a bet after acquiring knowledge of the outcome of the gambling1996

game or other event which is the subject of the bet, including past posting and pressing1997

bets;1998

(6) Reduces the amount wagered or cancels the bet after acquiring knowledge of the1999

outcome of the gambling game or other event which is the subject of the bet, including2000

pinching bets;2001

(7) Manipulates any component of a gaming device in a manner contrary to the designed2002

and normal operational purpose for the component, including, but not limited to, varying2003

the pull of the handle of a slot machine, with knowledge that the manipulation affects the2004

outcome of the gambling game or with knowledge of any event that affects the outcome2005

of the gambling game; or2006

(8) Offers, promises, or gives anything of value to anyone for the purpose of influencing2007

the outcome of a contest or gambling game upon which a wager may be made, or places,2008

increases, or decreases a wager after acquiring knowledge, not available to the general2009

public, that anyone has been offered, promised, or given anything of value for the2010

purpose of influencing the outcome of the contest or gambling game upon which the2011

wager is placed, increased, or decreased2012

16 LC 36 3043S

H. B. 677 (SUB)- 58 -

shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to2013

exceed $25,000.00, or by imprisonment for not less than one nor more than three years, or2014

both.2015

50-39-95.2016

It shall be unlawful for any person to use, possess with the intent to use, or assist another2017

person in using or possessing with the intent to use any computerized, electronic, electrical,2018

or mechanical device, or any software or hardware, or any combination thereof, which is2019

designed, constructed, altered, or programmed to obtain an advantage at playing any2020

gambling game in a licensed resort facility or any gambling game that is offered by a2021

licensee, including, without limitation, a device that:2022

(1) Projects the outcome of the gambling game;2023

(2) Keeps track of cards played or cards prepared for play in the gambling game;2024

(3) Analyzes the probability of the occurrence of an event relating to the gambling game;2025

or2026

(4) Analyzes the strategy for playing or betting to be used in the gambling game,2027

except as may be made available as part of an approved gambling game or otherwise2028

permitted by the commission. Any individual violating the terms of this Code section shall2029

be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed2030

$25,000.00, or by imprisonment for not less than one nor more than three years, or both.2031

50-39-96.2032

(a) It shall be unlawful for any licensee, employee, or other person, not a duly authorized2033

employee of a licensee acting in furtherance of his or her employment within a licensed2034

resort facility, to possess, use, sell, or manufacture counterfeit chips, counterfeit debit2035

instruments, or other counterfeit wagering instruments in a gambling game, associated2036

equipment, or a cashless wagering system.2037

(b) It shall be unlawful for any licensee, employee, or other person, not a duly authorized2038

employee of a licensee acting in furtherance of his or her employment within a licensed2039

resort facility, to possess, use, sell, or manufacture any counterfeit instruments, counterfeit2040

tickets, or other counterfeit items that are used to determine the outcome of any contest or2041

promotional activity conducted by or on behalf of any licensee.2042

(c) It shall be unlawful for any person, in playing or using any gambling game, associated2043

equipment, or cashless wagering system designed to be played with, receive or be operated2044

by chips, tokens, wagering credits, or other wagering instruments approved by the2045

commission or by lawful coin or legal tender of the United States of America to:2046

16 LC 36 3043S

H. B. 677 (SUB)- 59 -

(1) Knowingly use anything other than chips, tokens, wagering credits, or other wagering2047

instruments approved by the commission or lawful coin or legal tender of the United2048

States of America, or to use coin or tokens not of the same denomination as the coin or2049

tokens intended to be used in such gambling game, associated equipment, or cashless2050

wagering system; or2051

(2) Use any device or means to violate the provisions of this chapter or the rules or2052

regulations of the commission.2053

(d) It shall be unlawful for any individual, not a duly authorized employee of a licensee2054

acting in furtherance of such employment within a licensed resort facility, to have on his2055

or her person or in his or her possession on or off the premises of any licensed gaming2056

establishment any device intended to be used to violate the provisions of this chapter or the2057

regulations, policies, and procedures of the commission.2058

(e) It shall be unlawful for any person, not a duly authorized employee of a licensee acting2059

in furtherance of such employment within a licensed resort facility, to have on his or her2060

person or in his or her possession on or off the premises of any licensed gaming2061

establishment any key or device known to have been designed for the purpose of and2062

suitable for opening, entering, or affecting the operation of any gambling game, cashless2063

wagering system, or drop box, or any electronic or mechanical device connected thereto,2064

or for removing money or other contents therefrom.2065

(f)(1) It shall be unlawful for any person, not a duly authorized employee of a licensee2066

acting in furtherance of such employment within a licensed resort facility, to have on his2067

or her person or in his or her possession any paraphernalia for manufacturing slugs.2068

(2) As used in this subsection, 'paraphernalia for manufacturing slugs' means the2069

equipment, products, and materials that are intended for use or designed for use in2070

manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing,2071

or concealing a counterfeit facsimile of the chips, tokens, debit instruments, or other2072

wagering instruments approved by the commission or a lawful coin of the United States,2073

the use of which is unlawful pursuant to subsection (c) of this Code section. Such term2074

includes, but shall not be limited to:2075

(A) Lead or lead alloys;2076

(B) Molds, forms, or similar equipment capable of producing a likeness of a gaming2077

token or United States coin;2078

(C) Melting pots or other receptacles;2079

(D) Torches;2080

(E) Tongs, trimming tools, or other similar equipment; and2081

(F) Equipment which can be reasonably demonstrated to manufacture facsimiles of2082

debit instruments or wagering instruments approved by the commission.2083

16 LC 36 3043S

H. B. 677 (SUB)- 60 -

(g) Possession of more than one of the devices, equipment, products, or materials2084

described in this Code section permits a rebuttable inference that the possessor intended2085

to use them for cheating.2086

(h) Any person violating the terms of this Code section shall be guilty of a felony and,2087

upon conviction thereof, shall be punished by a fine not to exceed $25,000.00, or by2088

imprisonment for not less than one nor more than three years, or both.2089

50-39-97.2090

It shall be unlawful for any person, whether the person is an owner or employee of or a2091

player in a licensed resort facility, to knowingly cheat at any gambling game. Any2092

individual found to be knowingly cheating shall be guilty of a felony and, upon conviction2093

thereof, shall be punished by a fine not to exceed $25,000.00, or by imprisonment for not2094

less than one nor more than three years, or both.2095

50-39-98.2096

(a) It shall be unlawful to manufacture, sell, or distribute any cards, chips, dice, gambling2097

game, or gaming device which is intended to be used to violate any provision of this2098

chapter.2099

(b) It shall be unlawful to mark, alter, or otherwise modify any gambling game, gaming2100

device, or any apparatus associated therewith in a manner that:2101

(1) Affects the result of a wager by determining win or loss; or2102

(2) Alters the normal criteria of random selection, which affects the operation of a2103

gambling game or which determines the outcome of a gambling game.2104

(c) It shall be unlawful for any person to instruct another in cheating or in the use of any2105

device for such purpose, with the knowledge or intent that the information or use so2106

conveyed may be employed to violate any provision of this chapter or the rules or2107

regulations of the commission.2108

(d) Any individual violating the provisions of this Code section shall be guilty of a felony2109

and, upon conviction thereof, shall be punished by a fine not to exceed $25,000.00, or by2110

imprisonment for not less than one nor more than three years, or both.2111

50-39-99.2112

(a) As used in this Code section, 'medium of communication' includes, but shall not be2113

limited to, mail, telephone, television, telegraph, facsimile, cable, wire, the Internet, or any2114

other similar medium.2115

(b) Except as otherwise provided in subsection (d) of this Code section, a person, alone or2116

with others, shall not knowingly, within or outside of this state:2117

16 LC 36 3043S

H. B. 677 (SUB)- 61 -

(1) Accept or receive, directly or indirectly, through any medium of communication a2118

wager from another person who is physically present within this state; or2119

(2) Allow a lessee, agent, or employee to accept or receive, directly or indirectly, through2120

any medium of communication a wager from another person who is physically present2121

within this state.2122

(c) Except as otherwise provided in this Code section, a person, alone or with others, shall2123

not knowingly:2124

(1) From within this state, place, send, transmit, or relay through a medium of2125

communication a wager to another person or casino gaming establishment that is located2126

within or outside of this state; or2127

(2) From outside of this state, place, send, transmit, or relay through a medium of2128

communication a wager to another person or a casino gaming establishment that is2129

located within this state.2130

(d) The provisions of subsections (b) and (c) of this Code section shall not apply to a2131

wager placed by a person for the person's own benefit or, without compensation, for the2132

benefit of another that is accepted or received by, placed with, or sent, transmitted, or2133

relayed to any other person or licensed resort facility that is licensed to engage in wagering2134

pursuant to this chapter, if the wager is accepted or received within this state and otherwise2135

complies with all other applicable laws and regulations concerning wagering.2136

(e) A person who violates the provisions of subsection (b) or (c) of this Code section shall2137

be guilty of a misdemeanor.2138

50-39-100.2139

(a) Any person who conspires, confederates, or combines with another, either inside or2140

outside this state, to commit a felony prohibited by this chapter shall be guilty of a felony2141

and, upon conviction thereof, shall be punished by a fine not exceed $100,000.00, by2142

imprisonment for not less than one nor more than ten years, or both.2143

(b) Any person who attempts to commit any act prohibited by this chapter shall be guilty2144

of a criminal offense and shall be punished as provided in Code Section 16-4-6.2145

50-39-101.2146

Whenever it appears to the commission that a licensee or any other person subject to the2147

jurisdiction of the commission has violated or may violate any provision of this chapter or2148

any regulations, policies, and procedures of the commission, or final decision of the2149

commission, the commission may apply to the appropriate superior court for an injunction2150

against such person. The order granting or refusing such injunction shall be subject to2151

appeal as in other cases in equity."2152

16 LC 36 3043S

H. B. 677 (SUB)- 62 -

PART II2153

SECTION 2-1.2154

Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by2155

revising Code Section 13-8-3, relating to gambling contracts, as follows:2156

"13-8-3.2157

(a) Except as provided in subsection (c) of this Code section, Gambling gambling contracts2158

are void; and all evidences of debt, except negotiable instruments in the hands of holders2159

in due course or encumbrances or liens on property, executed upon a gambling2160

consideration, are void in the hands of any person.2161

(b) Except as provided in subsection (c) of this Code section, Money money paid or2162

property delivered upon a gambling consideration may be recovered from the winner by2163

the loser by institution of an action for the same within six months after the loss and, after2164

the expiration of that time, by institution of an action by any person, at any time within four2165

years, for the joint use of himself or herself and the educational fund of the county.2166

(c) Subsections (a) and (b) of this Code section shall not be applicable to contracts or debt2167

arising out of legal casino gaming activities conducted in accordance with Chapter 39 of2168

Title 50 and the regulations, policies, and procedures of the Georgia Casino Gaming2169

Commission promulgated thereunder."2170

PART III2171

SECTION 3-1.2172

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is2173

amended by revising Code Section 16-12-21, relating to gambling, as follows:2174

"16-12-21.2175

(a) Except as provided in subsection (c) of this Code section, A a person commits the2176

offense of gambling when he or she:2177

(1) Makes a bet upon the partial or final result of any game or contest or upon the2178

performance of any participant in such game or contest;2179

(2) Makes a bet upon the result of any political nomination, appointment, or election or2180

upon the degree of success of any nominee, appointee, or candidate; or2181

(3) Plays and bets for money or other thing of value at any game played with cards, dice,2182

or balls.2183

(b) A person who commits the offense of gambling shall be guilty of a misdemeanor.2184

16 LC 36 3043S

H. B. 677 (SUB)- 63 -

(c) This Code section shall not be applicable to legal casino gaming activities conducted2185

in accordance with Chapter 39 of Title 50 and the regulations, policies, and procedures of2186

the Georgia Casino Gaming Commission promulgated thereunder."2187

SECTION 3-2.2188

Said title is further amended by revising Code Section 16-12-22, relating to commercial2189

gambling, as follows:2190

"16-12-22.2191

(a) Except as provided in subsection (c) of this Code section, A a person commits the2192

offense of commercial gambling when he or she intentionally does any of the following2193

acts:2194

(1) Operates or participates in the earnings of a gambling place;2195

(2) Receives, records, or forwards a bet or offer to bet;2196

(3) For gain, becomes a custodian of anything of value bet or offered to be bet;2197

(4) Contracts to have or give himself or herself or another the option to buy or sell or2198

contracts to buy or sell at a future time any gain or other commodity whatsoever or any2199

stock or security of any company, when it is at the time of making such contract intended2200

by both parties thereto that the contract to buy or sell, the option whenever exercised or2201

the contract resulting therefrom, shall be settled not by the receipt or delivery of such2202

property but by the payment only of differences in prices thereof;2203

(5) Sells chances upon the partial or final result of or upon the margin of victory in any2204

game or contest or upon the performance of any participant in any game or contest or2205

upon the result of any political nomination, appointment, or election or upon the degree2206

of success of any nominee, appointee, or candidate;2207

(6) Sets up or promotes any lottery, sells or offers to sell, or knowingly possesses for2208

transfer or transfers any card, stub, ticket, check, or other device designed to serve as2209

evidence of participation in any lottery; or2210

(7) Conducts, advertises, operates, sets up, or promotes a bingo game without having a2211

valid license to operate a bingo game as provided by law.2212

(b) A person who commits the offense of commercial gambling shall be guilty of a felony2213

and, upon conviction thereof, shall be punished by imprisonment for not less than one nor2214

more than five years or by a fine not to exceed $20,000.00, or both.2215

(c) This Code section shall not be applicable to legal casino gaming activities conducted2216

in accordance with Chapter 39 of Title 50 and the regulations, policies, and procedures of2217

the Georgia Casino Gaming Commission promulgated thereunder."2218

16 LC 36 3043S

H. B. 677 (SUB)- 64 -

SECTION 3-3.2219

Said title is further amended by revising Code Section 16-12-23, relating to keeping a2220

gambling place, as follows:2221

"16-12-23.2222

(a) Except as provided in subsection (c) of this Code section, A a person who knowingly2223

permits any real estate, building, room, tent, vehicle, boat, or other property whatsoever2224

owned by him or her or under his or her control to be used as a gambling place or who2225

rents or lets any such property with a view or expectation that it be so used commits the2226

offense of keeping a gambling place.2227

(b) A person who commits the offense of keeping a gambling place shall be guilty of a2228

misdemeanor of a high and aggravated nature.2229

(c) This Code section shall not be applicable to legal casino gaming activities conducted2230

in accordance with Chapter 39 of Title 50 and the regulations, policies, and procedures of2231

the Georgia Casino Gaming Commission promulgated thereunder."2232

SECTION 3-4.2233

Said title is further amended by revising subsection (a) of Code Section 16-12-24, relating2234

to possession, manufacture, or transfer of gambling device or parts and possession of antique2235

slot machines, and adding a new subsection to read as follows:2236

"(a) Except as provided in subsection (c) of this Code section, A a person who knowingly2237

owns, manufactures, transfers commercially, or possesses any device which he or she2238

knows is designed for gambling purposes or anything which he or she knows is designed2239

as a subassembly or essential part of such device is guilty of a misdemeanor of a high and2240

aggravated nature."2241

"(c) This Code section shall not be applicable to activities conducted in connection with2242

legal casino gaming undertaken in accordance with Chapter 39 of Title 50 and the2243

regulations, policies, and procedures of the Georgia Casino Gaming Commission2244

promulgated thereunder."2245

SECTION 3-5.2246

Said title is further amended by revising Code Section 16-12-25, relating to solicitation of2247

another to gamble with intent to defraud or deceive, as follows:2248

"16-12-25.2249

(a) Except as provided in subsection (c) of this Code section, Any any person who solicits2250

another person to commit any of the following acts with the intent to defraud or deceive2251

such person on or adjacent to the premises of any business operated for pecuniary gain2252

16 LC 36 3043S

H. B. 677 (SUB)- 65 -

shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment2253

for not less than one nor more than five years:2254

(1) Keeps, maintains, employs, or carries on a game for the hazarding of money or other2255

thing of value;2256

(2) Permits the playing for money or other thing of value of a game or device for the2257

hazarding of money or other thing of value;2258

(3) Keeps or employs a device or equipment for the purpose of carrying on or operating2259

a game or device for the hazarding of money or other thing of value;2260

(4) Permits the betting or wagering of money or other thing of value;2261

(5) Sells or offers to sell to a person a ticket number or combination or chance or2262

anything representing a chance in a lottery or other similar scheme;2263

(6) Keeps, maintains, employs, or carries on a lottery or scheme or device for the2264

hazarding of money or other thing of value;2265

(7) Keeps, maintains, or employs a lottery ticket, lottery book, lottery ribbon, or other2266

article used in keeping, maintaining, or carrying on a lottery or other scheme, game, or2267

device for the hazarding of money or other thing of value;2268

(8) Solicits a person to engage in a game or to operate a device for the hazarding of2269

money or other thing of value; or2270

(9) Solicits a person to engage in a lottery or other scheme or device for the hazarding2271

of money or other thing of value.2272

(b) This Code section is cumulative of and supplemental to any laws making any of the2273

activities prohibited by this Code section unlawful and punishable as a misdemeanor; and2274

nothing in this Code section shall be construed to repeal, amend, alter, or supersede any2275

such laws.2276

(c) This Code section shall not be applicable to activities conducted, without the intent to2277

defraud or deceive, in connection with legal casino gaming undertaken in accordance with2278

Chapter 39 of Title 50 and the regulations, policies, and procedures of the Georgia Casino2279

Gaming Commission promulgated thereunder."2280

SECTION 3-6.2281

Said title is further amended by revising Code Section 16-12-26, relating to advertising2282

commercial gambling, as follows:2283

"16-12-26.2284

(a) Except as provided in subsection (c) of this Code section, A a person who knowingly2285

prints, publishes, or advertises any lottery or other scheme for commercial gambling or2286

who knowingly prints or publishes any lottery ticket, policy ticket, or other similar device2287

16 LC 36 3043S

H. B. 677 (SUB)- 66 -

designed to serve as evidence of participation in a lottery commits the offense of2288

advertising commercial gambling.2289

(b) A person who commits the offense of advertising commercial gambling shall be guilty2290

of a misdemeanor of a high and aggravated nature.2291

(c) This Code section shall not be applicable to any advertising undertaken in connection2292

with legal casino gaming activities conducted in accordance with Chapter 39 of Title 502293

and the regulations, policies, and procedures of the Georgia Casino Gaming Commission2294

promulgated thereunder."2295

SECTION 3-7.2296

Said title is further amended by revising Code Section 16-12-28, relating to communicating2297

gambling information, as follows: 2298

"16-12-28.2299

(a) Except as provided in subsection (c) of this Code section, A a person who knowingly2300

communicates information as to bets, betting odds, or changes in betting odds or who2301

knowingly installs or maintains equipment for the transmission or receipt of such2302

information with the intent to further gambling commits the offense of communicating2303

gambling information.2304

(b) A person who commits the offense of communicating gambling information, upon2305

conviction thereof, shall be punished by imprisonment for not less than one nor more than2306

five years or by a fine not to exceed $5,000.00, or both.2307

(c) This Code section shall not be applicable to any communications undertaken in2308

connection with legal casino gaming activities conducted in accordance with Chapter 392309

of Title 50 and the regulations, policies, and procedures of the Georgia Casino Gaming2310

Commission promulgated thereunder."2311

SECTION 3-8.2312

Said title is further amended by revising subsection (b) of Code Section 16-12-32, relating2313

to civil forfeiture, and adding a new subsection to read as follows:2314

"(b) Except as provided in subsection (d) of this Code section, the The following are2315

declared to be contraband, and no person shall have a property right in them:2316

(1) Every gambling device except antique slot machines as provided for in subsection2317

(b) of Code Section 16-12-24;2318

(2) Any property which is, directly or indirectly, used or intended for use in any manner2319

to facilitate a violation of this article and any proceeds;2320

16 LC 36 3043S

H. B. 677 (SUB)- 67 -

(3) Any property located in this state which was, directly or indirectly, used or intended2321

for use in any manner to facilitate a violation of this article or of the laws of the United2322

States relating to gambling and any proceeds;2323

(4) Any interest, security, claim, or property or contractual right of any kind affording2324

a source of influence over any enterprise that a person has established, operated,2325

controlled, conducted, or participated in the conduct of in violation of this article or any2326

of the laws of the United States relating to gambling and any proceeds; and2327

(5) Any property found in close proximity to any gambling device or other property2328

subject to forfeiture under this Code section."2329

"(d) This Code section shall not be applicable to any property used in, derived from, or2330

realized through legal casino gaming activities conducted in accordance with Chapter 392331

of Title 50 and the regulations, policies, and procedures of the Georgia Casino Gaming2332

Commission promulgated thereunder."2333

SECTION 3-9.2334

Said title is further amended by revising Code Section 16-12-36, relating to lawful2335

promotional and giveaway contests, as follows:2336

"16-12-36.2337

(a) A promotional or giveaway contest which conforms with the qualifications of a lawful2338

promotion specified in paragraph (16) of subsection (b) of Code Section 10-1-393 shall not2339

be a lottery.2340

(b) Except as provided in subsection subsections (a) and (c) of this Code section, all2341

promotions or promotional contests involving an element of chance in the distribution of2342

prizes, gifts, awards, or other items which otherwise meet the definition of a 'lottery' in this2343

article shall be included within the definition of the term 'lottery' for purposes of this2344

article, unless specifically exempted by some other statute or law.2345

(c) All promotions or promotional contests involving an element of chance in the2346

distribution of prizes, gifts, awards, or other items, which are conducted in association with2347

legal casino gaming activities undertaken in accordance with Chapter 39 of Title 50 and2348

the regulations, policies, and procedures of the Georgia Casino Gaming Commission2349

promulgated thereunder, shall not qualify as a 'lottery' and shall not be included within the2350

definition of a 'lottery' for the purposes of this article."2351

SECTION 3-10.2352

Said title is further amended by revising Code Section 16-12-50, relating to legislative intent2353

relative to bingo, as follows:2354

16 LC 36 3043S

H. B. 677 (SUB)- 68 -

"16-12-50.2355

It is the intention of the General Assembly that, except for recreational bingo and bingo2356

conducted as a legal casino gaming activity in accordance with Chapter 39 of Title 50 and2357

the regulations, policies, and procedures of the Georgia Casino Gaming Commission2358

promulgated thereunder, only nonprofit, tax-exempt organizations which are properly2359

licensed pursuant to this part shall be allowed to operate bingo games."2360

SECTION 3-11.2361

Said title is further amended by revising Code Section 16-12-52, relating to license required2362

to operate bingo game and recreational bingo exception, as follows:2363

"16-12-52.2364

(a) Any other law to the contrary notwithstanding except for subsection subsections (b)2365

and (c) of this Code section, no nonprofit, tax-exempt organization shall be permitted to2366

operate a bingo game until the director issues a license to the organization authorizing it2367

to do so. In the event of any controversy concerning whether or not certain activity2368

constitutes bingo for which a license may be issued, the decision of the director shall2369

control. The license described in this Code section is in addition to and not in lieu of any2370

other licenses which may be required by this state or any political subdivision thereof, and2371

no bingo game shall be operated until such time as all requisite licenses have been2372

obtained.2373

(b) Recreational bingo is a nonprofit bingo game or a bingo game operated by an employer2374

with ten or more full-time employees for the purpose of providing a safe workplace2375

incentive and shall not be subject to the licensing requirements and regulations provided2376

in this part applicable to bingo games not considered recreational bingo and operated by2377

nonprofit, tax-exempt organizations.2378

(c) All bingo games operated in connection with legal casino gaming activities undertaken2379

in accordance with Chapter 39 of Title 50 and the regulations, policies, and procedures of2380

the Georgia Casino Gaming Commission promulgated thereunder shall be exempt from the2381

requirements of this Code section."2382

SECTION 3-12.2383

Said title is further amended by revising Code Section 16-12-53, relating to licensing2384

procedure, fee, and renewal, by adding a new subsection to read as follows:2385

"(f) The licensing procedures, fees, and renewal obligations set forth in this Code section2386

shall not be applicable to any bingo games operated in connection with legal casino gaming2387

activities undertaken in accordance with Chapter 39 of Title 50 and the regulations,2388

16 LC 36 3043S

H. B. 677 (SUB)- 69 -

policies, and procedures of the Georgia Casino Gaming Commission promulgated2389

thereunder."2390

SECTION 3-13.2391

Said title is further amended by revising Code Section 16-12-54, relating to revocation of2392

licenses and access to premises by law enforcement agencies, as follows:2393

"16-12-54.2394

(a) The director shall have the specific authority to suspend or revoke any license for any2395

violation of this part or for any violation of any rule or regulation promulgated under this2396

part. Any licensee accused of violating any provision of this part or of any rule or2397

regulation promulgated hereunder shall be entitled, unless waived, to a hearing on the2398

matter of the alleged violation conducted in accordance with Chapter 13 of Title 50, the2399

'Georgia Administrative Procedure Act.'2400

(b) By making application for a license under this part, every applicant consents that the2401

director, as well as any of his or her agents, together with any prosecuting attorney, as well2402

as any of his or her agents, may come upon the premises of any licensee or upon any2403

premises on which any licensee is conducting a bingo game for the purpose of examining2404

the accounts and records of the licensee to determine if a violation of this part has occurred.2405

(c) The procedures and powers set forth in this Code section shall not be applicable to any2406

bingo games operated in connection with legal casino gaming activities undertaken in2407

accordance with Chapter 39 of Title 50 and the regulations, policies, and procedures of the2408

Georgia Casino Gaming Commission promulgated thereunder."2409

SECTION 3-14.2410

Said title is further amended by revising Code Section 16-12-57, relating to restrictions as2411

to ownership of premises utilized, as follows:2412

"16-12-57.2413

Bingo games, except those operated in connection with legal casino gaming activities2414

undertaken in accordance with Chapter 39 of Title 50 and the regulations, policies, and2415

procedures of the Georgia Casino Gaming Commission promulgated thereunder, shall be2416

operated only on premises owned by the nonprofit, tax-exempt organization operating the2417

bingo game, on property leased by the nonprofit, tax-exempt organization and used2418

regularly by that organization for purposes other than the operation of a bingo game, or on2419

property leased by the nonprofit, tax-exempt organization operating the bingo game from2420

another nonprofit, tax-exempt organization."2421

16 LC 36 3043S

H. B. 677 (SUB)- 70 -

SECTION 3-15.2422

Said title is further amended by revising Code Section 16-12-59, relating to annual report to2423

be filed with the director of the Georgia Bureau of Investigation, as follows:2424

"16-12-59.2425

On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in2426

operating bingo games shall file with the director a report disclosing all receipts and2427

expenditures relating to the operation of bingo games in the previous year. The report shall2428

be in addition to all other reports required by law. The report shall be prepared and signed2429

by a certified public accountant competent to prepare such a report and shall be deemed a2430

public record subject to public inspection. Such reporting requirements shall not apply to2431

operators of bingo games at licensed resort facilities in this state where legal casino gaming2432

activities are undertaken in accordance with Chapter 39 of Title 50 and the regulations,2433

policies, and procedures of the Georgia Casino Gaming Commission promulgated2434

thereunder."2435

SECTION 3-16.2436

Said title is further amended by revising Code Section 16-12-60, relating to rules and2437

regulations, by adding a new subsection to read as follows:2438

"(j) The provisions of this Code section shall not be applicable to any bingo game2439

operations conducted as part of legal casino gaming activities undertaken in accordance2440

with Chapter 39 of Title 50 and the regulations, policies, and procedures of the Georgia2441

Casino Gaming Commission promulgated thereunder."2442

PART IV2443

SECTION 4-1.2444

This Act shall become effective on January 1, 2017, provided that an amendment to the2445

Constitution of the State of Georgia authorizing casino gaming at a limited number of2446

licensed resort facilities is passed by the General Assembly and ratified by the electors of this2447

state in the 2016 general election. If no such amendment is proposed by the General2448

Assembly, if such amendment is rejected by the electors, or if the election to ratify the2449

proposed amendment is not held at the time of the 2016 general election, this Act shall be2450

repealed on January 1, 2017.2451

SECTION 4-2.2452

All laws and parts of laws in conflict with this Act are repealed. 2453